公共行政民营化背景下违章车辆拖吊行为之规范研究

A Study of the Norms of Towing the Vehicles in Breach of Traffic Rules under the Background of Public Administrative Privatization

近年来,因违章车辆拖吊费用问题而引发的争议不断出现。主要争议之点有交警部门能否委托民间企业拖吊违章车辆?民间企业拖吊违章车辆是否应当收费,谁来付费?如果车主对收费不服,法律上的救济程序又应当如何?要解答这些问题,首先需要对违章车辆拖吊行为的性质进行分析。同时,在公共行政民营化背景下,应当规范交管部门与民间企业之间的委托合同,并加强监管职责,而不能推卸国家责任。

In recent years, there have been constant disputes caused by the cost of towing the vehi- cles in breach of traffic rules. The main bones of contention are whether the traffic police depart- ment can entrust private enterprises with the task of towing the vehicles in breach of traffic rules, whether private enterprises should charge, who is to pay and what is the legal relief procedure if the owner doesn＇t agree to the charge. To answer these questions, we need to analyze the nature of towing the vehicles in breach of traffic rules. At the same time, under the background of pub- lic administrative privatization, the traffic control department should standardize its commission contracts with private enterprises and strengthen its supervision duties rather than shirk its na- tional responsibilities.