我國高速公路通行管理法律問題研究
發(fā)布時間：2019-03-28 20:14
【摘要】：近年來,我國高速公路事業(yè)發(fā)展迅猛,2012年通車里程達9.6萬公里,躍居世界第二位,初步形成國家高速公路網(wǎng)。由于高速公路不同于普通公路,它有網(wǎng)絡化、封閉化、延伸化的特點,因此,它是一個特殊的公路系統(tǒng)。但是,到目前為止由于缺乏全國性、專門性的高速公路通行管理法律規(guī)范,而現(xiàn)行的高速公路通行管理執(zhí)法大部份參照執(zhí)行普通公路的相關(guān)條款,立法的滯后與不完善不僅造成了地方政府“各自為政”和相關(guān)執(zhí)法部門多頭執(zhí)法、重疊執(zhí)法、推諉扯皮等管理弊端,也暴露出一些管理上的問題,如：重大節(jié)假日免收通行費期間高速公路出現(xiàn)“擁、堵、亂”的現(xiàn)象、亂收費行為、私設沿線廣告牌行為等問題,這些弊端與問題的存在降低了高速公路的通行效率,增加了投訴糾紛量,嚴重阻礙了我國高速公路事業(yè)的健康發(fā)展。本文運用實證研究法、比較分析法等研究方法,從我國高速公路通行管理情況和立法現(xiàn)狀切入,通過對我們高速公路通行管理中存在的問題與難點進行剖析,在學習、借鑒國外發(fā)達國家先進通行管理制度的基礎上,創(chuàng)設性地提出設立高速公路通行管理專項法律法規(guī)及完善現(xiàn)有相關(guān)法律的建議,以期完善我國高速公路法律體系,更有效地提高通行效率,使中國高速公路通行管理盡快達到歐美發(fā)達國家水平。本文除引言和結(jié)語外,其主要內(nèi)容如下：第一章：簡要概述我國高速公路通行管理的現(xiàn)狀。第二章：介紹我國高速公路通行管理的存在問題。首先,通過對高速公路通行管理立法狀況進行闡述,歸納出目前通行管理中存在立法規(guī)范粗陋、執(zhí)法體制混亂、行政執(zhí)法手段存在不足等問題,侵害了高速公路使用者的合法權(quán)益,為下文論述打下伏筆。第三章：國外高速公路通行管理法律實踐及啟示。發(fā)達國家建設高速公路的歷史較早,管理體制與制度完善。通過對美國、法國、德國、英國高速公路立法制度與執(zhí)法模式進行分析疏理,指出國外高速公路通行管理在立法和執(zhí)法方面對我國有重要借鑒意義。從中得到啟示,總結(jié)出提高我國高速公路通行管理水平的經(jīng)驗與做法。第四章：我國高速公路通行管理制度的完善建議。在綜合以上原因與國外考察的基礎之上,分析我國高速公路通行管理專門立法的必要性、可行性與大致框架。并針對前文提出的問題,探討如何通過健全高速公路管理法律規(guī)范體系、理順高速公路管理執(zhí)法體制、豐富行政執(zhí)法手段等渠道加以解決,其中包括推進高速公路交通綜合行政執(zhí)法改革、明確高速公路執(zhí)法單位的權(quán)限與職責、增加通行管理中欠缺的法律規(guī)范、規(guī)范收費行為等內(nèi)容,不斷完善新出現(xiàn)的法律漏洞,全面提高通行質(zhì)量與效率。
[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.
【學位授予單位】：福州大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D922.14
本文編號：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.
【學位授予單位】：福州大學
【學位級別】：碩士
【學位授予年份】：2014
【分類號】：D922.14
【參考文獻】
相關(guān)碩士學位論文 前3條
1 楊亮;重慶高速公路綜合執(zhí)法模式研究[D];西南政法大學;2009年
2 黃健;我國高速公路建設與運營管理中的法律問題思考[D];四川大學;2006年
3 金綺麗;當代中國高速公路管理體制的現(xiàn)狀及改善對策研究[D];吉林大學;2004年
，本文編號：2449191
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