论汽车限牌制度
发布时间：2019-03-01 11:39
【摘要】：论文通过对上海、北京、贵阳、广州、天津等城市先后出台的汽车限牌制度进行研究，分析政府以公共利益为基础的前提下，通过制定地方性法规调节公共资源配置的合法性问题。强调各级政府在制定相关政策和法规的过程中，必须做到有法可依、有法必依、执法必严、违法必究，应该从法律和制度上限制政府权力，防止公权力的无限扩大甚至滥用，保障公民的合法权益不受侵害。论文通过分析认为，汽车限牌制度的内容和形式均导致了很多负面示范效应，其产生过程存在不符合正当法律程序等问题，，实施结果更是造成了新的社会不公，在利益考量上也存在着严重的“法益”失衡现象。论文主张废止现有的汽车限牌制度，通过采取更加合理可行的其他替代性措施解决交通拥堵问题，具体包括实行车辆限行、发展城市公共交通、扩建城市道路、提倡低碳环保出行等。
[Abstract]:Through the research on the automobile license restriction system introduced successively in Shanghai, Beijing, Guiyang, Guangzhou, Tianjin and other cities, the paper analyzes the government's public interest-based premise. Through the formulation of local laws and regulations to regulate the legitimacy of the allocation of public resources. Emphasizing that in the process of formulating relevant policies and regulations, governments at all levels must have laws to comply with, have laws to abide by, enforce laws strictly, and be held accountable for violations of the law, and should restrict government power by law and system, and prevent the unlimited expansion or even abuse of public power, To protect the legitimate rights and interests of citizens from being infringed. Through the analysis, the paper thinks that the contents and forms of the automobile license restriction system have caused a lot of negative demonstration effects, and there are some problems in the process of its emergence, such as not conforming to the due process of law, and the result of its implementation has resulted in new social injustices. There is also a serious imbalance of legal interests in the consideration of interests. The thesis advocates abolishing the existing system of car license restriction and solving the problem of traffic congestion by taking more reasonable and feasible alternative measures, including the implementation of traffic restrictions, the development of urban public transport, and the expansion of urban roads. Advocate low carbon environmental protection travel and so on.
【学位授予单位】：暨南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14;D922.296
[Abstract]:Through the research on the automobile license restriction system introduced successively in Shanghai, Beijing, Guiyang, Guangzhou, Tianjin and other cities, the paper analyzes the government's public interest-based premise. Through the formulation of local laws and regulations to regulate the legitimacy of the allocation of public resources. Emphasizing that in the process of formulating relevant policies and regulations, governments at all levels must have laws to comply with, have laws to abide by, enforce laws strictly, and be held accountable for violations of the law, and should restrict government power by law and system, and prevent the unlimited expansion or even abuse of public power, To protect the legitimate rights and interests of citizens from being infringed. Through the analysis, the paper thinks that the contents and forms of the automobile license restriction system have caused a lot of negative demonstration effects, and there are some problems in the process of its emergence, such as not conforming to the due process of law, and the result of its implementation has resulted in new social injustices. There is also a serious imbalance of legal interests in the consideration of interests. The thesis advocates abolishing the existing system of car license restriction and solving the problem of traffic congestion by taking more reasonable and feasible alternative measures, including the implementation of traffic restrictions, the development of urban public transport, and the expansion of urban roads. Advocate low carbon environmental protection travel and so on.
【学位授予单位】：暨南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14;D922.296
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