公物法视野下道路交通信号的设置与管理

Setup and Management of Road Traffic Signals from the Perspective of Public Property Law

解决道路交通信号设置与管理上存在的权限划分不清以及职责履行不规范等问题,必须从道路的公物属性入手。根据《道路交通安全法》,道路交通信号本质上是为了维护道路使用中的秩序与安全,这与道路上的公物警察权的职责相吻合,道路交通信号的设置与管理应该由交警部门负责,而非掌握公物管理权的交通部门。为了维护道路使用人的权利,实现对公权力的控制,《道路交通安全法》对道路交通信号设置与管理的程序做出了规定,明确了事前公告的程序机制,为强化道路使用人对交通事务的参与,增加道路交通信号管理的民主正当性,公众参与制度也应当有适用的余地,这是正当程序的应有之意。

As a way of traffic law enforcement, there are many problems in the setup and management of road traffic signals, such as the division of authority is unclear and responsibility is not standardized. If we want to solve these problems, we must start from the public property of the road. In terms of organizational law, under the ＂Road Traffic Safety Act＂, road traffic signals are essentially used to maintain order and safety in road use, which is consistent with the duties of the public police on the road. The conclusion is that the traffic signal should be set up and managed by the traffic police department, rather than the traffic department. In terms of behavior law, in order to maintain the rights of road users and achieve the control of public power, the Road Traffic Safety Law regulates the procedures for setting up and managing road traffic signals, and clarifies the procedural mechanism of prior announcement. However, in order to enhance the participation of road users in traffic affairs and increase the democratic legitimacy of road traffic signal management, the public participation system should also have room for application, which is the meaning of due process.