汽车限行措施的合法性研究

On the Legitimacy of Driving Restriction Policy

2008年10月,北京市委市政府颁布出台了汽车限行措施,该措施一直沿用至今并有继续推行的趋势。对此,社会各界褒贬不一,该措施的合法性更是引起了法学界和社会公众的广泛争议。本文从形式合法性和内容合法性两个层面对其加以分析,认为这项措施形式合规,内容合法,不仅不构成对于公民权利的侵犯,反而通过对一部分公民私权利的必要限制,更好地实现、保障和扩大了大多数公民的合法权益。

In October 2008,Beijing Municipal Government issued a driving restriction policy,which has been adopted to date and will continue to be implemented.The policy has aroused pros and cons widely over China.Moreover,its legitimacy has caused a widespread controversy in legal circles and among general public.This paper analyzes the policy from the perspectives of the legitimacy of both its form and its content.It argues that the driving restriction policy of Beijing conforms to the rules and regulations in form and works within the play of Chinese laws in content.It doesn’t violate the rights of Beijing residents.Instead it is an effective measure of realizing,guaranteeing and expanding the legal rights of most citizens by restricting private rights of some citizens.