subject: Abolition Of Electric Bike: The Interests Of Game And Decision [print this page] - Interview motivation - Interview motivation
In Zhuhai, if you ride
Electric Bicycle
The road, it could face the risk of penalties. Because from the beginning on July 1 this year, "the Zhuhai Special Economic Zone Road Traffic Safety Management Regulations" came into effect. This requires, on July 1 after the bike not register, prohibit roads, electric bicycles are not allowed to enter the field of Zhuhai, violators a fine of 500 yuan.
It is understood that many cities across the country are under way to halt the government electric bike. Already in force, "Administrative Licensing Law", "Administrative Punishment Law," it seems to have turned a blind eye.
We ask is that this incident, the public power of the rule of law what the bottom line? Halt the so-called "reason" to withstand the facts and
Science
Test? Right of way in this series fair and whether the ban can be realized? Transition in China, the interests behind the game, public policy-making and how to achieve a smooth running ... ...
Ban
Electric cars
Related to administrative licensing
Xinhua: In Beijing, the electric bike how much the actual ownership? The potential extent of consumer demand?
Wang and: Currently, the electric bicycle is still a black households in Beijing, so for your first question, I can not make an accurate answer. But three years ago, according to the statistics, in January 2001, the electric bicycle in Beijing less than 20 000, and by June has more than 50,000 electric vehicles, bicycles walking through the streets in Beijing.
To the end of 2001, Beijing bike community to maintain approximately 60 000, then
Sell
Capacity is 36,000.
The same token, the 2002 sample survey in Beijing: the public interest in buying electric bicycles were 217.7 million, of which there is an urgent need to buy 62.3 million people, even in areas including the city bus to facilitate the purchase intention The still 12.8% of those surveyed. Xinhuanet: What is the rest of the country situation?
Wang and: As far as I know, the end of 2004, Zhejiang Electric Bicycle holdings reached 1.5 million (including excess
Standard
Car), which only had 300,000 in Hangzhou; electric bicycle ownership in Shanghai has reached 900 000, Chengdu is 50 million, Nanjing, despite a late start, but now there are as many as 220 000.
Xinhua: Many cities across the country by way of notice by the government halt electric bike, which in this case reflects the legal issues?
Cheng Jie: I think mainly, "Administrative Licensing Law," the number of questions.
, For example, who is entitled to an administrative license? To what extent administrative license? If the chief executive relative to the administrative license set object to, what kind of mechanism can be taken on the administrative license is set to review? Beijing issued "Notice to strengthen the management of electric bicycle," is set in law a specific administrative license.
Xinhua: "Administrative Licensing Law" be able to resolve the plight of electric bike, what kind of help?
Cheng Jie: "Administrative Licensing Law," provides the main administrative licensing is dominated legislature, and if the way the government rules and regulations set by permit, such permission must be temporary, one-year Man needs to continue to implement, it should be brought to the level People's Congress and its Standing Committee have formulated local regulations. The most simple words to sum up, that is, the market principle to permit the exception. But Beijing's rule was adopted before 2004, so from a legal point of view, after 2004, it is to be canceled or re-ranking of the state.
Xinhua: Notice by the Government to prohibit electric bicycle road, this is an abstract administrative action or specific administrative behavior? Whether actionable sex?
Cheng Jie: The Government issued a circular, is an administrative action, but it does not mean that such acts do not have to review mechanisms. "Legislation Law" provides superior or equivalent legislature and the higher administrative authorities of the government to review such actions. In some circumstances, this may become a specific administrative act. Such as riding a bike because the road was seized, confiscated or a fine, administrative penalty is a specific administrative act, this situation can appeal the.
Xinhua: It is understood that Zhuhai halt electric bike, by way of local legislation. This is simply the government notice also different.
Cheng Jie: Zhuhai, the situation involving the democratic mechanism. Modern parliamentary institutions of representative authorized to make a decision not to be when he was representative of what kind of corrective mechanism? China's existing laws to provide such a mechanism: the voters can recall their own representatives, can also apply on
1
National People's Congress to review the decision. But if people do not agree that the provisions of Zhuhai, but do not intend to take measures, then these circumstances, he will be responsible for their actions. Because citizens have the right to public
Services
Say "no", give up their right to speak should bear the consequences accordingly. If the result is a consequence of this is the boomerang.
Abolition Of Electric Bike: The Interests Of Game And Decision
