Household registration Yaohao purchase a car into people's homes "difference in violation of traffic safety law" and "constitution"?

2010Years12Month23Days Beijing Municipal People's government issued the "Interim Provisions" of Beijing City, control the number of passenger cars, according to the regulations, Beijing residents and foreign accounts in Beijing5Years of paying social insurance premiums and the personal income tax residents, through Yaohao way made small bus registered index. This means that no small passenger car purchase a car home index in Beijing city can not handle the registration of vehicles up procedures. The aim is to ease traffic congestion, the reasonable control of the growth in the number of small passenger car.

Mention Beijing traffic congestion, we all use the "first block" to describe. The per hour speed not exceeding20Km, work on the bus to spend1-2Hours. Therefore, the ordinary Beijing residents increased restrictions on the number of passenger cars and car parking charges, and the implementation of the single and double limit line measures are placed high hope, fantasy, these measures can relieve the traffic congestion in Beijing.

"Interim Provisions" Beijing city passenger quantity regulation unconstitutional

To ease traffic congestion under the banner of the people, to improve the downtown parking charges and the single and double limit line can understand, restrictions on the number of passenger cars also dare not oppose. But in Yaohao distribution car home index approach, especially for Beijing residents and non residents of different differential treatment, this can not but arouse the question of foreign residents and residents of the potential purchase a car. Who has the right to place could cause corruption and injustice. Household index control, which make the car up into a kind of scarce resources, control mechanism may be manipulation and corruption.

The foreign residents5Years of residence and social security fee, tax requirements which itself is a kind of discrimination. Why local governments always take the outsiders surgery? According to the logic of Beijing City, the field account5Years to pay social security and tax, should enjoy the same treatment purchase affordable housing and low rent housing. But, in fact foreign accounts personnel did not enjoy the treatment of local residents. "Constitution" regulation, equality before the law, do not allow anyone to enjoy the privilege above the law. In this connection, the "Interim Provisions" of Beijing City, control the number of passenger cars on the local people and local residents in the purchase a car door control index on the implementation of "Regulations" discrimination in violation of the constitution.

"Interim Provisions" of Beijing City, control the number of passenger cars in violation of "traffic safety law"

"Traffic safety law", the vehicle door registration only need to provide: (a) the vehicle owner's identity; (two) the vehicle origin certificate; (three) motor vehicle factory certification or import certificate of imported vehicle; (four) a vehicle purchase tax tax payment certificate or tax exemption certificate; (five) the provisions of the laws other evidence, administrative regulations shall be submitted to the registration of motor vehicles, certificate. There is no requirement to provide social security payment certificate and proof of tax. Social insurance is the Department of labor and social security administration authority, the tax is the tax department review matters. The traffic control department of the public security management of vehicle into people's homes registration no right, there is no obligation to review the citizen social security and tax payment. "Motor vehicle registration" of the people's Republic of China are not required to units and individuals to apply for motor vehicle into people's homes through Yaohao distribution index, but does not require foreign residents social security fee and tax payment certificate submitted. Therefore, the "Interim Provisions" of Beijing City, control the number of passenger cars as the local regulations in violation of the law "traffic safety law". "Legislative law" provisions of the law, higher than that of the law. Legal effect is greater than the rules. Rules and conflict of laws, rules and regulations shall be invalid or revoked.

"The people's Republic of China vehicle registration" Tenth where a motor vehicle without a license plate, "motor vehicle driving permit" and "motor vehicle registration certificate", the owner of the vehicle should fill out the "application form" motor vehicle registration, take the following documents, to the vehicle owner domicile vehicle management to apply for registration, and submit the vehicle;

(a) proof of identity for all motor vehicles;

(two) standard photos for registration of vehicles;

(three) vehicle origin certificate, except for customs supervision vehicles;

(four) the vehicle vehicle certificate import certificate for imported vehicles;

(five) clearance certificate of vehicle purchase tax or tax exemption certificate.

Within three working days as of twelfth vehicle management from the day of acceptance, in accordance with the "motor vehicle registration norms" provisions, the audit data, test vehicle. Conforms to the provisions of these measures, determine the vehicle registration number, the establishment of motor vehicle records, issuing number plates of motor vehicles, "motor vehicle driving permit" and "motor vehicle registration certificate".

Shanghai City motor vehicle license auction house by way of controlling the number of passenger cars in growth and ease traffic congestion, the situation is not ideal, but is the government to obtain the license plate auction profits. The number of motor vehicles in Beijing City500Million, the number of personal cars growth will be saturated if control the number of official cars and enterprises car growth, the implementation of the single and double limit line, can relieve the traffic congestion. Therefore, by improving the charging standard downtown parking and open cheap public transport, single and double limit line, the number of official cars, travel tax and other measures, can relieve the traffic congestion, Yaohao way control vehicles entering a number and foreigners purchase a car into people's homes without. The law, even Yaohao distribution index, foreign accounts and local residents shall enjoy the same conditions, shall not discriminate against foreign residents.Www.fazh.cn