Xinhuanet Beijing, February 5th (Reporter Chen Shangying, Li Bin) "Is it all in Shenzhen?" not necessarily! Nantong Gympro Sports Co.,Ltd , https://www.sportsgympro.com
On the 5th, the city, which is known as the "most invisible" city, issued the first ticket for the "limitation of foreign orders".
Beijing, Shanghai, Tianjin, and Hangzhou... The restrictions on motor vehicle purchases and restrictions on the grounds of governance and pollution control continue to spread; on the one hand, the city's radius continues to expand, road congestion and air pollution are challenging. Experts believe that the restriction of one stroke is not a good thing in the current process of accelerating regional economic integration and gradually improving the administrative environment according to law.
Multi-city governance blocking "limit words", "recognition" or "reasonable"?
“Exemption†is no stranger to many residents living in capital cities. After Beijing took the lead in taking restrictions on vehicles, Tianjin, Shanghai, Shijiazhuang, Hangzhou and other large cities have successively announced their participation in “exclusionsâ€. The blocking and pollution control has almost become a “passport†for “limit ordersâ€.
Experts pointed out that whether or not the "limitation" can crack the city's "blocking" and whether it can effectively control pollution, the first thing that needs to be clarified is whether there are legal basis and local protection in the "external orders".
Huang Liling, a senior partner of Beijing Zhonghao Law Firm, believes that such compulsory measures should be treated equally and universally for all vehicles of the same type. They should not only be used for vehicles with foreign license plates, and such measures can only be implemented in the short term. Once roads and traffic flow have changed, such measures should be eliminated. The traffic control department of the public security organ has long restricted the prohibition of access to certain road sections by foreign vehicles, which is an act of abuse of authorization and does not conform to the principle of administrative legitimacy.
"Restricting the passage of motor vehicles and the right to travel with the masses is also a right of personal freedom. Even if it complies with relevant laws and regulations, it must have strict hearing procedures. If there is sufficient basis, it must be based on the principle of 'it is necessary'. Arbitrarily and arbitrarily restricting foreign vehicles," said Chen Bulei, a professor at Southwest University of Political Science and Law.
In addition, some legal experts believe that administration according to law is the lifeline of the government's credibility. Administrative power must operate under the rule of law. If local governments are more restricted and more administrative, the damage is the authority of the law.
The economic integration of the “outside limits†region has accelerated in the process of regional economic integration. In some places, relying on the central cities with regional advantages to create an “economic circleâ€, these central cities have opened out “outside limits†for vehicles. Penalty. It is an indisputable fact that the high economic and social costs generated by “outside limits†will hamper regional economic development.
Take Beijing-Tianjin-Hebei integration as an example, it should be traffic first. However, the current “restricted purchase + limited line†method in Beijing and Tianjin has caused the “Beijing†prefix license to enter the Tianjin urban area during the peak working hours of the car work day; The license plate can not enter the Beijing urban area during the peak hours of the working day; the peak hours of the car workday of the "冀" prefix license can neither enter Beijing nor enter Tianjin. On the surface, it is just that it is difficult for a car to “separate the doorâ€. The hidden logistics cost behind it is surprisingly high, and it has become a roadblock for the integrated development of Beijing, Tianjin and Hebei.
Most of the cities that implement “restricted foreign orders†are regional central cities. These cities are responsible for important political, economic, and cultural functions. They are also high-stakes resources for science, education, culture, and health. They are responsible for the economic and social development of surrounding cities and towns. Chen Bulei said, "In the long run, the big city's 'outside' will affect the process of regional economic integration."
Traffic congestion is a problem faced by central cities in many regions. If the “constrained†mode of “constrained†is allowed to “contagiousâ€, it will reduce the vitality of regional economic integration, and ultimately the damage will still be the public interest.
“Restricted purchases and restrictions are not available in many large cities like Shenzhen. Large cities are synonymous with openness and tolerance. Both purchase restrictions and restrictions are mandatory and rigid, and will deprive citizens of their legitimate rights and interests.†Shenzhen Road Traffic Director of the Management Affairs Center, Che Xiaoping said.
"De-stocking" is not as good as "doing increments"
"Who is the next one?" After the introduction of the "limited order" in Shenzhen, the owners of the car all speculated.
"When people are used to worrying about whether the next one will turn to 'I', the government is accustomed to brewing more 'limit orders', the governance function of this society must be biased." Chen Bulei said. In fact, China has invested a large amount of money into the urban transportation system every year. However, the contradiction between the growth of travel demand and the lack of public transportation resources seems to be solved.
Careful analysis of local conditions is not difficult to find, there are many reasons for the formation of “blocking the cityâ€: such as urban planning blindly “spreading big cakesâ€, heavy land development, light traffic coordination; science, education, culture and health resources are too concentrated in big cities; There is a lack of reasonable allocation of public transportation resources. For example, in the suburbs of some big cities, there is a lack of places such as public transportation access stations.
Professor Yang Dongyuan, a traffic engineering expert, said that the rationality for the introduction of the restrictive policy is to provide a preferential bus system as a substitute for travel. Otherwise, no car owners are allowed to drive, and sufficient bus resources cannot be provided, which lacks rationality.
Experts believe that the "limitation of foreign affairs" is suspected of undue breakthroughs in the road traffic safety law and the property law, and experts believe that it should be improved within the existing legal framework.
Huang Liling said that because the existing regulations on car restrictions have a low level of effectiveness and do not have the power to restrict citizens' freedom of driving, it is necessary to change the level of legislation to make it conform to the upper law. However, because this system must be formulated according to the particularity of each place, it is not appropriate or realistic to formulate laws or administrative regulations that apply uniformly to the whole country. If it is specifically authorized by the Standing Committee of the National People's Congress to decentralize power to a few specific large cities, then it will be legal.
Experts believe that the restrictions on the outside and the tail number are administrative controls and should not be the preferred method. Economic means should be the priority solution. It is an efficient way to collect congestion charges or increase the parking fee in the central area of ​​the city without distinguishing the local field.
March 22, 2023