As the impact of the interests of the citizens of the interests of motor vehicles, motor vehicle licensing restrictions, no matter from what point of view, are the major issues and the scope of major decisions, and therefore should be brought to the NPC decision.
According to the recent rumors of Nanjing motor vehicle licensing restrictions, the Legal Committee of the Jiangsu Provincial People's Congress deputy chairman Liu Kexi said recently, according to the "Jiangsu Province Motor Vehicle Exhaust Pollution Control Ordinance", any city in Jiangsu if suddenly overnight limit is illegal, does not have any legal effect, and shall be investigated for legal responsibilities of the. Some time ago with the city staged a midnight chicken called, the introduction of a limited licensing measures, Jiangsu approach is undoubtedly more in line with the principles of the rule of law, it is worth learning from all over.
The third Plenary Session of the 18th CPC Central Committee, to further promote the rule of law Chinese construction, we must uphold the rule of law and administration according to law, to jointly promote administration according to law, uphold the rule of law, rule of law and the rule of law and social integration. Rule of law as the basic strategy of governing the country, is the government must adhere to the principle of administration.
According to the basic principles of the rule of law, the government does not have a clear legal basis, have no right to take any measures affecting the legitimate rights and interests of citizens. It can be seen that in some places the introduction of measures to limit the licensing act, the legal basis is difficult to say is sufficient, even that is only very reluctantly, and thus contrary to the rule of law.
One of the basic characteristics of the rule of law and the rule of law is that the government must abide by the principle of procedural justice and the principle of trust protection, so as to realize the effective protection of civil rights.
The principle of due process requires effective public participation in major policy decisions generally affecting the citizens' rights and interests, shall solicit the opinions of the public, even through hearings, debates and other ways to let the opposition fully express. When making a decision, the government should also fully explain what views were heard, why did not take objections and so on. Specific to the motor vehicle licensing restrictions, will need to inform the public to take measures in advance, and then come up with a certain period of time, let the public widely discussed and put forward opinions, then according to the opinions of the majority and the introduction of limited measures in respect of the minority views on.
The principle of trust protection essentially requires the integrity of government, government behavior at all levels shall be arbitrarily set up, can not allow citizens to inconstant in policy, to trust the executive authority's decision to arrange their own lives, thereby maintaining the predictability of the stability of social order and social life. According to this principle, the local government is not the introduction of motor vehicle licensing restrictions, but can not let the public have a reasonable expectation, but not side side suddenly issued the relevant measures to limit the rumor.
In accordance with the provisions of the Constitution and the law, major matters of a local decision in the local people's Congress, as the vehicle traffic rights of citizens limit behavior, no matter from what point of view, are major issues and major decision-making category, thus it shall be submitted to the decision of the National People's Congress, in this regard, the majority of domestic places seem to omit this program.
In the administrative procedure law, the delay in the introduction of case, if will limit the vehicle number plate into the path of law fundamentally, we need to modify the road traffic safety law and other relevant laws as soon as possible, to limit the licensing procedure regulation of science, will fully listen to public opinion, protect citizen trust interests, respect people's Congress decisions on major issues explicitly written into law, so as to achieve effective game before the decision in the interests of all parties, which can not only improve the government decision-making authority and credibility, also can make measures can be better implemented. In this regard, Jiangsu opened a good start.
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蜀ICP備14029369-1, Power By PaiChen