基于城市交通平等路权的视角应对城市环境问题的法律路径

Legal Path to Deal with City Environment Problems——from Perspective of Right of Way

城市交通路权的分配影响城市环境变化问题,并关涉城市居民的出行、健康与生活舒适度。城市交通路权分配与城市环境变化问题之间存在着紧密的关联性。现阶段,我国法律中还未有关于路权的定义,而我国城市走上了以机动车为核心、构建快速交通系统的发展模式,忽视了甚至破坏了原有的城市慢行系统的存在,产生了很多城市环境问题。构建基于城市交通平等路权的应对城市环境变化的法律制度,符合我国的迫切现实需求。我国经济的快速发展,城市规模的不断扩大与可持续发展中以人为本的原则之间的矛盾从理论上要求我国应当以城市交通平等路权为切入点构建应对环境变化的法律,从而改善环境增加人民生活的满意度。

How the right of way is distributed has a great influence on city environment problems, including inhabitant mode share and residents＇ health and comfort. There is a close relationship between allocation of right of way and Changing of Environment in the City. At the present stage, there is no exact definition of right of way in china＇s law while Rapid Transit in which automotive vehicle plays a very import role is developed so quickly in china. Slow transport system has been neglected and this phenomenon leads to many environment problems in the city. Establishment of a law system which is based on the fact that response to changing of environment in the City with equal right of way is in accordance with our country＇s urgent need. The tension between rapid development of our economy, the continuously expanding of the city size and the people - oriented principle of sustainable development calls for a law system based on equal right of way to deal with changing of environment, in order to better people＇s living environment and Increasing their life satisfaction.