南阳师范学院学报2016,Vol.15Issue(8):18-21,4.
电动车禁限政策的行政法分析
Administrative Law-based Analysis of the Policy of Banning or Restricting Electric Bicycle
摘要
Abstract
Administrative regulation of electric bicycle tests government capability.Due to blurry legal provisions and different local conditions, the legality of the present policy of banning or restricting electric bicycle in China has become a cause for concern.With the development of administrative law, administrative authorities should not only seek formal legality in their law enforcement process but also need to focus on the legitimacy of their administrative decisions.The current practice of taking coercive means to regulate electric bicycles goes against the spirit of democracy and rationality, which neither fits the proportion principle, nor fits the requirements of procedural justice.Regulating electric bicycles entails careful consideration of the public property of administrative activities, and of a shift of the dominant model of administration into the model of polycentric-cooperative governance.关键词
电动车禁限/合法性/合理性Key words
banning or restricting electric bicycle/legality/legitimacy分类
社会科学引用本文复制引用
谢小元..电动车禁限政策的行政法分析[J].南阳师范学院学报,2016,15(8):18-21,4.基金项目
2012年国家社科基金一般项目"行政法视野下的公私合作治理研究"(12BFX044) (12BFX044)