“驾考”改革中的法治内涵——由“驾照自学直考”方案出发

Legal Connotation in the Reform of Driving Test System

我国驾考实践中的典型事例揭示出相关变革的直接动力源自于社会需求与国家制度供给之间的落差。必须严格区分作为行政许可的驾驶执照颁发以及驾驶学习中危险控制的不同要求,而两者都只能在国家出于公共利益所承担的维护社会秩序与安全的不同任务中而获得其正当性基础。作为制度改革"发动机"的公民权利保障观念,应被细化为对公民行为自由与政府和市场关系的正确认识。

China＇s practice of driver＇s license test reveal the direct driving force for relevant reform stems from the gap between social demand and State＇s institutional supply. A strict distinction shall be drawn between issuing drivers＇ license as a form of administrative license and various requirements of risk control in driver＇s skill learning, and both of these two items can only be justified as different tasks undertaken by the State to maintain order and safety of the society for the public interest. As the ＂engine＂ for institutional reform, the concept of protecting civil rights should be elaborated into the correct understanding of citizen＇s freedom to act and the relation between government and market.