城市路权分配的困境及法治对策

Dilemma on the Distribution of Urban Road Resource and Its Future Approaches

道路资源稀缺、交通管制乏力是我国城市化进程中必须面对的现实问题,近年来一些地方出台的"禁摩限电"等交通管制政策的目的就是要解决这些问题。城市路权分配涉及众多利益主体,各主体之间存在利益冲突。路权分配在我国现行法中没有明确依据,政府作为公共利益代表者和交通管理者,要站在公民基本权利的高度对待路权,区分交通安全利益、道路通畅利益、经济社会发展利益等利益层次,综合考虑利益平衡、依法行政、人权保障等因素,在法律授权范围内遵循正当程序,依法采取措施,摆脱路权分配的困境。

The scarcity of road resources and the lack of traffic control are typical urban governance problems for many big cities inChina today. In the rapid urbanization process, the essence of ＂prohibiting motorcycles and restricting electric bicycles＂ policy is theplight of road resource distribution. In fact, the recognition of these related interest groups is not tough, but the complex interest con-flicts unong these groups are difficult to be differentiated. Till now, the current law and regulations haven＇t provided enough support forthe right of equally road utilizing. Therefore, as the representative of public interests, the government needs to balance the different in-terests of traffic safety, efficiency, social and economic developments from the height of human rights. Only by fully considering theseconflicts of interests, the due process of decision making, the administration by law and the development of human rights, could wemake more diligent decisions regarding road resources distribution and thus achieve harmonious and safe urban traffic governance.