我国高速公路通行管理法律问题研究
发布时间：2019-03-28 20:14
【摘要】：近年来,我国高速公路事业发展迅猛,2012年通车里程达9.6万公里,跃居世界第二位,初步形成国家高速公路网。由于高速公路不同于普通公路,它有网络化、封闭化、延伸化的特点,因此,它是一个特殊的公路系统。但是,到目前为止由于缺乏全国性、专门性的高速公路通行管理法律规范,而现行的高速公路通行管理执法大部份参照执行普通公路的相关条款,立法的滞后与不完善不仅造成了地方政府“各自为政”和相关执法部门多头执法、重叠执法、推诿扯皮等管理弊端,也暴露出一些管理上的问题,如：重大节假日免收通行费期间高速公路出现“拥、堵、乱”的现象、乱收费行为、私设沿线广告牌行为等问题,这些弊端与问题的存在降低了高速公路的通行效率,增加了投诉纠纷量,严重阻碍了我国高速公路事业的健康发展。本文运用实证研究法、比较分析法等研究方法,从我国高速公路通行管理情况和立法现状切入,通过对我们高速公路通行管理中存在的问题与难点进行剖析,在学习、借鉴国外发达国家先进通行管理制度的基础上,创设性地提出设立高速公路通行管理专项法律法规及完善现有相关法律的建议,以期完善我国高速公路法律体系,更有效地提高通行效率,使中国高速公路通行管理尽快达到欧美发达国家水平。本文除引言和结语外,其主要内容如下：第一章：简要概述我国高速公路通行管理的现状。第二章：介绍我国高速公路通行管理的存在问题。首先,通过对高速公路通行管理立法状况进行阐述,归纳出目前通行管理中存在立法规范粗陋、执法体制混乱、行政执法手段存在不足等问题,侵害了高速公路使用者的合法权益,为下文论述打下伏笔。第三章：国外高速公路通行管理法律实践及启示。发达国家建设高速公路的历史较早,管理体制与制度完善。通过对美国、法国、德国、英国高速公路立法制度与执法模式进行分析疏理,指出国外高速公路通行管理在立法和执法方面对我国有重要借鉴意义。从中得到启示,总结出提高我国高速公路通行管理水平的经验与做法。第四章：我国高速公路通行管理制度的完善建议。在综合以上原因与国外考察的基础之上,分析我国高速公路通行管理专门立法的必要性、可行性与大致框架。并针对前文提出的问题,探讨如何通过健全高速公路管理法律规范体系、理顺高速公路管理执法体制、丰富行政执法手段等渠道加以解决,其中包括推进高速公路交通综合行政执法改革、明确高速公路执法单位的权限与职责、增加通行管理中欠缺的法律规范、规范收费行为等内容,不断完善新出现的法律漏洞,全面提高通行质量与效率。
[Abstract]:In recent years, the highway industry in China has developed rapidly. In 2012, the mileage reached 95,999 kilometers, ranking second in the world. Because highway is different from ordinary highway, it has the characteristics of network, closure and extension, so it is a special highway system. However, to date, due to the lack of a national, specialized legal norm for the management of expressway traffic, most of the existing highway traffic management law enforcement refers to the implementation of the relevant provisions of ordinary highways, The lag and imperfection of the legislation not only caused the local governments to "separate themselves" and the relevant law enforcement departments, such as long-term law enforcement, overlapping law enforcement, prevarication, and so on, but also exposed some management problems. For example: during the toll-free period of major holidays, the phenomenon of "hugging, blocking and disorderly" appears on the highway, the behavior of random toll collection, and the behavior of billboards along private lines, and so on. The existence of these drawbacks and problems has reduced the efficiency of highway traffic. Increasing the number of complaints and disputes seriously hinders the healthy development of highway cause in China. This article uses the empirical research method, the comparative analysis method and so on research method, from our country highway traffic management situation and the legislation present situation cut into, through carries on the analysis to our highway traffic management existing question and the difficulty, in the study, Based on the advanced traffic management system of foreign developed countries, this paper puts forward the suggestion of establishing special laws and regulations of expressway traffic management and perfecting the existing relevant laws, in order to perfect the highway legal system of our country. More effectively improve traffic efficiency, so that China's highway traffic management as soon as possible to the level of developed countries in Europe and the United States. In addition to the introduction and conclusion, the main contents of this paper are as follows: chapter 1: a brief overview of the present situation of highway traffic management in China. The second chapter introduces the existing problems of highway traffic management in China. First of all, by expounding the legislative status of expressway traffic management, the author concludes that there are some problems in the current traffic management, such as the crude legislative norms, the confusion of the law enforcement system, and the deficiency of the administrative law enforcement measures, and so on. It infringes on the legitimate rights and interests of highway users and lays the groundwork for the following discussion. The third chapter: foreign highway traffic management legal practice and enlightenment. Developed countries have an early history of highway construction, and the management system and system are perfect. Through analyzing the legislation system and law enforcement mode of highway in America, France, Germany and Britain, this paper points out that foreign highway traffic management has important reference significance for our country in legislation and law enforcement. The experience and practice of improving the level of highway traffic management in our country are summarized. Chapter four: suggestions on the improvement of highway traffic management system in China. On the basis of the above reasons and foreign investigation, this paper analyzes the necessity, feasibility and general frame of the special legislation of expressway traffic management in our country. In view of the problems raised earlier, this paper discusses how to solve these problems by perfecting the legal norm system of highway management, straightening out the system of highway management and law enforcement, and enriching the means of administrative law enforcement, and so on. These include promoting the reform of highway traffic comprehensive administrative law enforcement, clarifying the authority and responsibility of highway law enforcement units, increasing the lack of legal norms in traffic management, standardizing the behavior of toll collection, and so on, and constantly improving the emerging legal loopholes. We will improve the quality and efficiency of traffic in an all-round way.
【学位授予单位】：福州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14
本文编号：2449191
[Abstract]:In recent years, the highway industry in China has developed rapidly. In 2012, the mileage reached 95,999 kilometers, ranking second in the world. Because highway is different from ordinary highway, it has the characteristics of network, closure and extension, so it is a special highway system. However, to date, due to the lack of a national, specialized legal norm for the management of expressway traffic, most of the existing highway traffic management law enforcement refers to the implementation of the relevant provisions of ordinary highways, The lag and imperfection of the legislation not only caused the local governments to "separate themselves" and the relevant law enforcement departments, such as long-term law enforcement, overlapping law enforcement, prevarication, and so on, but also exposed some management problems. For example: during the toll-free period of major holidays, the phenomenon of "hugging, blocking and disorderly" appears on the highway, the behavior of random toll collection, and the behavior of billboards along private lines, and so on. The existence of these drawbacks and problems has reduced the efficiency of highway traffic. Increasing the number of complaints and disputes seriously hinders the healthy development of highway cause in China. This article uses the empirical research method, the comparative analysis method and so on research method, from our country highway traffic management situation and the legislation present situation cut into, through carries on the analysis to our highway traffic management existing question and the difficulty, in the study, Based on the advanced traffic management system of foreign developed countries, this paper puts forward the suggestion of establishing special laws and regulations of expressway traffic management and perfecting the existing relevant laws, in order to perfect the highway legal system of our country. More effectively improve traffic efficiency, so that China's highway traffic management as soon as possible to the level of developed countries in Europe and the United States. In addition to the introduction and conclusion, the main contents of this paper are as follows: chapter 1: a brief overview of the present situation of highway traffic management in China. The second chapter introduces the existing problems of highway traffic management in China. First of all, by expounding the legislative status of expressway traffic management, the author concludes that there are some problems in the current traffic management, such as the crude legislative norms, the confusion of the law enforcement system, and the deficiency of the administrative law enforcement measures, and so on. It infringes on the legitimate rights and interests of highway users and lays the groundwork for the following discussion. The third chapter: foreign highway traffic management legal practice and enlightenment. Developed countries have an early history of highway construction, and the management system and system are perfect. Through analyzing the legislation system and law enforcement mode of highway in America, France, Germany and Britain, this paper points out that foreign highway traffic management has important reference significance for our country in legislation and law enforcement. The experience and practice of improving the level of highway traffic management in our country are summarized. Chapter four: suggestions on the improvement of highway traffic management system in China. On the basis of the above reasons and foreign investigation, this paper analyzes the necessity, feasibility and general frame of the special legislation of expressway traffic management in our country. In view of the problems raised earlier, this paper discusses how to solve these problems by perfecting the legal norm system of highway management, straightening out the system of highway management and law enforcement, and enriching the means of administrative law enforcement, and so on. These include promoting the reform of highway traffic comprehensive administrative law enforcement, clarifying the authority and responsibility of highway law enforcement units, increasing the lack of legal norms in traffic management, standardizing the behavior of toll collection, and so on, and constantly improving the emerging legal loopholes. We will improve the quality and efficiency of traffic in an all-round way.
【学位授予单位】：福州大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14
【参考文献】
相关硕士学位论文 前3条
1 杨亮;重庆高速公路综合执法模式研究[D];西南政法大学;2009年
2 黄健;我国高速公路建设与运营管理中的法律问题思考[D];四川大学;2006年
3 金绮丽;当代中国高速公路管理体制的现状及改善对策研究[D];吉林大学;2004年
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