Beijing government officials have recently proposed that the government departments are demonstrating the normalization of the single and double numbers. Leading public opinion is highly concerned. PVC Fast Roll Up Door, AGV high speed door, AGV high speed rolling door, roll fast doors SHENZHEN HONGFA AUTOMATIC DOOR CO., LTD , https://www.hongfahsd.com
During the APEC meeting, Beijing, Hebei, Shandong and other provinces and cities took measures such as motor vehicle limit, factory production stoppage and production stoppage, and exchanged long-lost blue sky and white clouds. In order to make "APEC Blue" become "Beijing Blue" or even "China Blue", some people suggested that Beijing and China should be normalized during the APEC. In this regard, Li Shixiang, the deputy mayor of Beijing, said on the 26th that whether Beijing will implement the normalization of single and double numbers is still necessary to study and demonstrate seriously.
Some legal professionals believe that the normalization of single and double numbers can not be bypassed by many legal obstacles. As a kind of administrative measure, whether the legal basis of single or double number is an important measure depends on whether the government is administration according to law or not, and whether the spirit of strengthening the implementation of the constitution proposed by the Fourth Plenary Session of the 18th Central Committee can be put into place.
Whether it violates the constitutional spirit Zhang Xiang, a professor at Renmin University of China Law School, believes that according to Article 13 of the Constitution, citizens’ legitimate private property is not infringed. Once the single and double limit normalization policy is implemented, it means that the car can not drive for half of the time, its use value is difficult to achieve, and the depreciation and maintenance of the vehicle are paid according to the whole year, which constitutes damage to the citizens' property rights.
"The need for the public interest is an exception to the law. Then, this kind of thing that affects the vital interests of the people must show the necessity and feasibility to the people." Li Wei, a lawyer at Beijing Wansiheng Law Firm, believes that " A PEC Blue is the result of a number of comprehensive measures such as factory shutdowns, site stoppages, and motor vehicle restrictions. If you want to limit the normalization, the government must make the necessary explanations to the public: What is the basis for the government to make a decision? Can foggy weather be effectively alleviated after normalization?
Whether infringing on the property rights of citizens, Huang Liling, a senior partner of Beijing Zhonghao Law Firm, believes that after the normalization of the single and double numbers, the car can not be used for half of the time, which has actually made the car purchased at full price mandatory when used. Depreciation constitutes a violation of the property rights of citizens.
Liu Jiahui, a partner at Beijing Derun Law Firm, believes that according to the current provisions of Article 42 of the Property Law of China, for the needs of the public interest, collectively owned land and units and individual houses may be acquired in accordance with the powers and procedures stipulated by law. And other real estate, and compensate according to law. This kind of expropriation is mainly for real estate such as land. However, whether the movable property such as a car can be levied or the “disguised levy†restricts the use, the law does not give a clear basis.
Li Wei believes that during the Beijing Olympic Games and the A PEC meeting, the single and double number limit is a temporary restriction, and the public public strictly abides by the regulations in accordance with government requirements. However, if the single and double number limit normalization policy is implemented and the existing law does not clearly stipulate the compensation mechanism for citizens, should the tax on the vehicle and the annual inspection cost be reduced according to the actual situation? Will the people get compensation from the government if they are inconvenienced? Who will bear this loss of vehicle depreciation loss caused by this? These laws are not clear.
Huang Liling believes that even if the government department wants to start the normalization of single and double number restrictions, it must be clarified through legal procedures, so that this policy is legally valid. This requires the initiation of relevant legislative procedures.
According to the current law, the third paragraph of Article 17 of the Law on the Prevention and Control of Atmospheric Pollution stipulates that key cities with air pollution prevention and control that fail to meet the standards of atmospheric environmental quality can adopt more Strict measures to achieve compliance planning on schedule. However, such strict measures require authorization or regulations from the State Council. The law also clearly pointed out that municipalities directly under the central government, provincial capital cities, coastal open cities and key tourist cities should be included in key cities for air pollution prevention and control, including Beijing. "The main legal basis for the restrictions on yellow label vehicles and green label vehicles implemented in Beijing before the 2008 Olympic Games is the provisions of this article."
"The application of this rule to the normalization of single and double numbers is unconstitutional and needs to be reviewed in accordance with the current legal procedures." According to the effect, it is assumed that the measure can still be implemented in the future after the review, and the rules of procedure should be refined. At least the following three main links: First, based on the judgment of environmental science to determine the necessity and extent of restricting the travel of civilian vehicles; public participation in the formulation of rules; and the compensation and relief of the restricted parties of the corresponding interests.
Li Wei believes that the law is not authorized. Government departments should implement a normal legal basis for the implementation of single and double numbers. This includes the enactment of laws by the National People's Congress and the revision of existing laws. Otherwise, the government has no right to formulate corresponding policies.
Inquiring about the halving of motor vehicles to test public transportation Beijing's single and double number limit line normalization "proposition" disputes, public transport support capabilities have become one of the focus of attention. The "Beijing Air Heavy Pollution Emergency Plan" issued at the end of 2013 pointed out that if the single and double number limit is activated, the city's public transportation in Beijing is expected to increase passenger flow by 2 million.
By the end of 2014, the length of the entire subway line of Beijing Metro will reach nearly 530 kilometers; currently, the total number of buses in Beijing does not exceed 20,000. However, as of the end of October 2014, the number of motor vehicles in Beijing reached 5.613 million and the number of motorists was 8.928 million. Compared with the amount of traffic that motor vehicles, especially private cars, are halved, the ability to match is doubtful.
In November of this year, Beijing once again implemented the single and double limit measures during the A PE C meeting. However, on November 6, Beijing Subway Line 5 caused personal injury and death due to overcrowding. On the same day, the Beijing Metro’s entire network reached the traffic volume. 11.14 million person-times, which has also become a "footnote" for people to worry about the normalization of the single and double number restrictions.
Gao Wanyun, a professor at the Department of Traffic Management Engineering of the People's Public Security University of China, believes that during the A PEC meeting, single and double-numbered measures were taken to reduce the number of vehicles on the road, which will definitely have a good effect on alleviating traffic congestion and improving air quality. But for a city, transportation also involves production, life, economic development and many other fields.
Links Beijing's current policy: the end of the five-ring limit line Up to now, including Beijing, Tianjin, Chengdu, Hangzhou, and some cities in China to implement the normalization of the car tail number limit policy. --- Beijing began to implement the tail number restriction policy in 2011, stipulating that the roads within the Fifth Ring Road (excluding the Fifth Ring Road) will be implemented on the roads from the 7th to 20th of the working day. Regional restricted traffic management measures. The tail number of the restricted motor vehicle license plates is divided into five groups, and the limit line days are rotated every 13 weeks.
--- Chengdu has started from 2012, stipulated that every working day from 7:30 to 20:00, all "Chuan A" and foreign number plate cars in the Second Ring Road (including the second ring elevated road and the bottom road) and the third ring All roads in the area between roads (including) need to comply with the tail number limit rule. The restricted vehicles are divided into 5 groups according to the last Arabic digit of the motor number plate (including the temporary number plate). If the holiday is changed to a working day on Saturdays and Sundays, the "tail number limit" will be implemented according to the corresponding working day.
———Tianjin working day (except statutory holidays) daily from 7:00 to 19:00, Tianjin and foreign license vehicles are on the outer ring line (excluding) roads, the motor vehicle tail number is divided into five groups, the implementation of the license plate number Regional restricted traffic management measures.
———Hangzhou stipulates that the tail number is divided into five sets of peak limit lines in a specific area. The time limit is 7:00 to 9:00 and 16:30 to 18:30 on weekdays. In addition, during the spring and autumn tourist season, the West Lake Scenic Area implements a single- and double-passing measures for motor vehicles on weekends.
·Jingdan double number normalization industry people worry that there is no legal basis