The Ministry of public security, the new driver's license code violation of our "constitution"

 "Legislation law" and "administrative licensing law" "Road Safety Act" "senior citizen rights and interests protection law"

The Standing Committee of the National People's Congress of the people's Republic of china:

The State Council of the people's Republic of china:

   According to the ConstitutionThe sixty-second National People's Congress exercises the following functions: (two) supervise the enforcement of the constitution;

  Article eighty-ninth the State Council shall exercise the following powers: (thirteen) change or annul, the Commission issued the inappropriate orders, directives and regulations;               

   January 1, 2002 implementation of the decree of the State Council in accordance with the "Regulations (No. 322nd) Regulations on procedures for the formulation of" thirty-fifth state organs, social organizations, enterprises and institutions, that citizens with legal regulations, administrative laws, apply to the State Council a written review the recommendations made by the legislative organ of the State Council, research process.
  2012 years 09 months 12 days, Minister of the Ministry of Public Security issued by the Ministry of Public Security Meng Jianzhu decree 123rd, issued after the revision of the "motor vehicle driver's license application and use of the provisions", (hereinafter referred to as the new driver's license codes) citizen Yan Ruzhong from his driver's license renewal rights maintenance process, found no on old version and the new driver's license violation of my the laws of our country, especially the new driver's license code violation of "constitution", "legislation law" "administrative licensing law" "Road Safety Act" "senior citizen rights and interests protection law", especially to the Standing Committee of the National People's Congress of the people's Republic of China, the State Council of the people's Republic of China: review the provisions of the legitimacy of the request, in order to maintain dignity of the legal system and unified.

 1 The Ministry of public security 123 orders sixty-seventh section eighth, in violation of China's "constitution".

 The article stated as follows: motor vehicle driver has one of the following cases, the vehicle management station should cancel his motor vehicle driving license: (eight) aged 60 years and above, in a year of points after the end of a cycle does not submit proof of physical condition. (hereinafter disability personnel, omitted)

   The reasons are as follows:

  China's "constitution"Article thirty-eighth the personal dignity of citizens of the people's Republic is not violated. Prohibition of civil insult, slander and false accusation by any means.

  "Legislation law" "Article eighthThe following items can only make the law: (seven) the civil basic system;

   The administrative license law seventieth in any of the following circumstances, the administrative organ shall handle the procedures for the cancellation of administrative license in accordance with law:

(a) administrative license expires but has not been renewed; (two administrative) citizens of a particular qualification license, the citizen's death or incapacity of ; (three) (four) (five); (six) laws, regulations and administrative license shall be canceled other.

  China's road traffic safety law twenty-second driving things (the first paragraph should respect, slightly

Drinking, taking state control of psychotropic drugs or narcotics, or suffer from diseases hinder safe driving of motor vehicles, or is too tired to drive safely, shall not drive a motor vehicle. (may not force the illegal driving omitted)

   The state gives specific qualification of citizens, is a kind of, the civil basic system in property, knowledge, honor associated national exclusive legislative power, administrative rules shall have no right to. Cancellation is refers to the administrative organ indicate cancellation of administrative license, the administrative license is finished by the administrative formalities, the administrative licensing law seventieth, reflects the legal exclusive legislative power. After the 60 year old driver's license holders who, without violation of road safety act, no death or incapacity, just not in accordance with the provisions of the 123 orders, submit health certificate, is the Ministry of public security contingent logic inference for he is dead, stand people, is to drink, drugs. Eat a mentally ill, or extremely the rest is not good, the abuse of power is typical, the traffic safety law gives the Ministry of public security management of the national road traffic safety, a violation of human dignity, is the department regulations ultra vires challenges the unified legal system, challenge the dignity of law. A serious violation of the constitution. Is a department regulations seriously unconstitutional incident.

   2 the Ministry of public security command.123, violating the "legislation law", in violation of rules and procedures.

   "Legislation law" "Article secondLaws, administrative regulations, local regulations, autonomous regulations and separate regulations formulation, amendment and repeal of, the applicability of this law.

  Council administrative rules and local government rules and regulations formulation, amendment and repeal the relevant provisions, in accordance with this law.

   Then, departmental rules shall be in accordance with the relevant provisions of revised legislation? First of all, should be in accordance with the relevant provisions, "legislative law" the general provisions. Summarized as follows: promoting the rule of law, follow the principle of the constitution, in accordance with the statutory authority and procedures, open legislation, public participation, a reasonable standard of administrative subjects of rights and obligations, rights and responsibilities of state organs.

  Secondly, according to the "legislative law"Article seventy-fourth:Procedures for the formulation of the State Council administrative rules and local government rules according to the provisions of this law, the third chapter, shall be formulated by the state council. The State Council hereby issued 322nd orders, "the procedure regulations" regulations, the regulations, thirty-seventh : the departments under the State Council, the people's Government of a province, autonomous region, municipality directly under the central government and the larger cities, should often on regulations to clean up, discovery and legal, administrative regulations published or other law inconsistent provisions the conflict, or with the laws and administrative regulations, or other law, shall be promptly amended or repealed.
   Amend, repeal rules of procedure, with reference to the relevant provisions of this ordinance.

   The "Regulations" Regulations on procedures for the formulation of general concrete implementation, refinement of the provisions of the legislation law, drafted in the regulations, review project, has made specific provisions, therefore, the legislative purpose of "legislative law" the general provisions. Modify the regulations, should refer to the regulations formulated in the complete project, drafting, review of the relevant provisions. In other words, the administrative organ concerned, reference is a must reference, must do, can not bypass!.

  These Regulations are the main provisions, that is to say that the Ministry of public security and order 123 illegal procedure is:

 "Rule making procedure regulations" fourteenth draft regulations, should be thorough investigation and study, sum up experience, listen to the relevant organs, organizations and citizens. Listen to the views of various forms can take a written request for advice, symposia, argumentation, hearing etc..
   Fifteenth drafting regulations directly involves the vital interests of citizens, legal persons or other organizations, the relevant organs, organizations or citizens to have significant difference of opinion, shall be announced to the public, to solicit the views of the community; the drafting unit also can hold a hearing. The hearing in accordance with the following procedures:

　Sixteenth drafting regulations, relates to other departments under the State Council duties or close relationship with other department of the State Council, the drafting unit shall solicit the opinions of the other departments of the state council.

   Seventeenth the drafting unit shall be different opinions and other relevant materials, and that the draft regulations on the review version of the administrative rules shall be submitted to the review of the main problems.
   The first argument is the Ministry of public security 123 orders related provisions, as early as in 2006, Shijiazhuang has 3 lawyer letter to the State Council, pointed out that the cancellation of the license is a strict administrative means, the use of machine technology, without prior notice, did not hear the pleadings of the parties concerned in violation of the administrative punishment law, ultra vires arranged in violation of administrative license, administrative license law, increase obligations of the parties, not to the traffic police to maintain the traffic safety propaganda, responsibility, serious illegal. According to the relationship between three lawyers, this thing without hearing a word about, like a runaway satellite, flying into the deep space.

   In 2007, Beijing lawyer Zhang Guo, because no timely submit the health meter, revoked license, bring an administrative lawsuit, therefore after losing to the State Council, the Ministry of public security authority letter.

  In 2011, the author of more than 30 years, never break the traffic rules, license issuing authority with the Ministry of public security machine program, print only the limitation prescribed by the State Council for six years, limitation does not print the Ministry of public security for a year, told the driver's license cancellation, this is the work of negligence, take remedial measures, it is easy to solve, but the administrative reconsideration, the administrative organ refuses to acknowledge the work negligence. I was forced to raise the legal weapon adults, a trial judge to remove the victim's right, the second instance court sentenced the Ministry of public security is stronger than the State Council regulations. In the administrative proceedings at the same time, 2011.11.03. EP144773488CS mail, the author to the Legal Affairs Office of the State Council issued "on the application to the Ministry of public security" driver's license to apply for and use of the provisions "on forty-second elderly in terms of legal review request." 2011.09.13. EM331054007CS express mail, to the Ministry of Public Security issued "on the reply" at the age of 60 years of above, in a year of points after the end of a cycle does not submit proof of physical condition, the vehicle management station should cancel his motor vehicle driving license "legislative basis request:". 2012. 03. 12. A request to coordinate and solve the problem of illegal Management Commission Ministry of public security licence to the National Committee on aging. Three pieces of mail, no echo. The 2012.01.09. page A31 of the Ji'nan edition, reported the Ministry of public security has begun to modify the license code. Shortly thereafter, according to broadcast the Ministry of public security to the grass-roots public security organs issued to seek amendments broadcast.

   The second case, all court documents are reported to the State Council Legislative Affairs Office and the Ministry of public security, specification for leadership authority to modify the.

  Waiting for the new norms of the Ministry of public security, three administrative information disclosure has not been.

   According to the petition and the lawyers, can make inferences, the Ministry of public security to modify the license code, is the Legal Affairs Office of the State Council accepted the lawyer and the author's request, request the public security department to modify the. Very sorry, we turn a deaf ear to the problems reflected by the Ministry of public security. Unfortunately, we are waiting for the call to discuss the Ministry of public security, license management method of the elderly, but the Ministry of public security to take the legal challenge, trying to bypass the legislative procedure, persist in one's old ways, rights very cattle.

  According to the analysis, since 2004, the Ministry of public security, use the machine automatically estimated cancellation of driver's license in 8000000.

  Public interest and our country will enter an aging society, intense debate on the elderly driver's license management, the Ministry of public security does not hold demonstration demonstrates, driver's license code modifications, only to discuss, the grass-roots public security organs behind closed doors, a serious violation of rules and procedures!. Do not make mistakes is not normal.

  To speak a few words, 2012.06.22. Shandong Yantai 68 year old driver, an accident killed 5 people riding, according to the report, the driver every year to check, but the check hospital not to check the symptoms take subjects self-reported as such, deaf ears, decoration style system, what is the use of traffic safety?! Thanks to Yantai local accident treatment more perfect, the victim did not hold managers and medical hospital responsibilities, it spread over.

  Here, the Ministry of public security is likely to believe they have the right, therefore we suggest that the NPC Standing Committee and the State Council, according to the provisions of "legislative law" article tenth, "enabling decision shall specify the purpose, scope. authorized organs exercise should be strictly in accordance with the scope of the authorized purpose and. The authorized organ may not be the authorized power to other organs." therefore, thinks he has the right, must be reasonable, make groundless accusations.

  Two is the "119 rule of Road Safety Act" refers to Road, "road", is refers to the highway, city road and although the unit jurisdiction but allow social vehicles, including square, public parking lots for public access. therefore, drivers did not report health table, not in violation of road safety.

   Three is the common people the most simple, women can produce baby, but society does not grant the executed the birth rights, imagine a woman gave birth to a child, or parenting too hard, or unmarried mothers face does not look good, or men and women and war, or have more than ten years children is a paralytic, and so on, kill him, not out of society!. If the law authorizing the Ministry of public security is to license the rights to life, and let the dead right, absolutely is the big loopholes in the law system of our country.

  The driver's license to modify, and was, and is, and is aggravated offense, bus, and the elderly driver's license management, operating drivers management, these regulations or measures, ever announced to the public, whether to solicit public opinions and the relevant departments of the State Council opinions? The oath, such as measures of traffic safety, to play the major role, don't forget, those corrupt officials, traitor in the party's oath, as corruption, corruption, treason traitor betraying the organization, the main subjective will not strong, bullying through don't live material inducement or torture, but traffic accidents, in addition to in subjective on. Also in the random factors too much about. Relying on oath, can reduce the number of traffic accidents?.

   With the acceleration of social modernization and well-off society to be built, driving the vehicle travel, is a part of the lives of the citizens, modify the license code, should be strictly "Regulations" provisions of the regulations on steps to run program. The new rules issued driver's license, is a serious violation of "legislative law" event.

  3 is a violation of the law of administrative license, the administrative punishment law, law on road safety.

   Violation of the legislative process, will inevitably bring about the illegal result mentioned above, a series of basic system, civil, administrative license cancellation specific personal qualification, is the legislative authority of law, department regulations have no right to. In the discussion of the administrative licensing law, the law on administrative punishments, whether the NPC Standing Committee has permission to the ministries and commissions under the State Council, the administrative punishment rights disputes is extremely competitive, and ultimately the State Council according to the actual situation, proposed the license, punishment received national, departmental rules and regulations are not allowed to set off and punishment, in this regard, the State Council give repeated orders and injunctions, the State Council authorities did not permit and punishment.

   Do not report health table, cancellation of license, the administrative license, the types of administrative punishment, legal, regulations are not specified. The Ministry of public security is set department licensing and punishment, cut in the state prohibition, still the implementation of the provisions of more than ten years. The same labor regulations illegal case, the Ministry of public security is sustained to maintain the traffic safety and social security rights, the law of the public rape!.

   The revised standard, the Ministry of public security still insist on administrative licensing regulations set, to defy the decrees, the legal authority to declare war.

  4 is a violation of the protection of rights and interests of the elderly.

The provisions of article third (measures of) medical care, worthiness, old school, old age.

Article fourth the prohibition of discrimination, insult, abuse or neglect the elderly.

Article fortieth country and society should pay attention to, cherish the experience of the old knowledge, skills and revolution, construction, respect the virtues, expertise and the role of the elderly.

Article forty-first the State shall create conditions for the elderly to participate in socialist material civilization and spiritual civilization construction. According to the needs of society and encourage the elderly may, on a voluntary and capacity situation, engage in the following activities: (a) of socialism, patriotism, collectivism education and work hard and perseveringly and other excellent traditional education on the teenagers and children; (two) to impart the cultural and technical knowledge; (three) to provide advisory services; (four) to participate in the development and application of science and technology; (five) engaged in operating and production activities in accordance with the law; (six) setting up public welfare undertakings; (seven) to participate in the maintenance of social order, to assist in the mediation of civil disputes; (eight) to participate in other social activities.

However, the Ministry of public security licence rules how to speak, the gauge fiftieth, meaning over the age of 60 are not allowed to open the car driver, large, medium-sized passenger car does not work, and forced low a license.

   Then, the change of administrative license, the administrative license law how to say: the fifth day change and continuity , forty-ninth, the licensee is required to change the matters under administrative license, it shall apply to the administrative institution making the administrative licensing decision; meet the statutory conditions, standards, the administrative organ shall handle the alteration formalities in accordance with the law.

  The above provisions did not speak of departmental rules and regulations will be forced to change, without authorization is not feasible. Driver's license regulations again ultra vires, a violation of the fundamental rights of citizens, not only against the interests of the elderly, they invade protected by law the civil basic system, and a lead time unconstitutional results.

    Administrative permission given to qualified citizens, only at the end of life or incapacity or in violation of laws and regulations in case of loss or regulations to fulfill certain legal procedures to cancel, in addition, is money to buy like, I will not. Driver's license regulations are cattle, rob you to did not discuss, such as in the city demolition, demolition is. The two properties. The demolitions of houses and land grab, grab a specific personal qualifications is not engaged in certain social activities, to deprive citizens engaged in specific social rights.

   Here is a government credibility. As for the implementation of administration according to law, 2004.03.22 issued by the State Council on the "Outline" the full implementation of administration according to law stipulates the six basic requirements of administration according to law, one of which is: honest and trustworthy. Administrative authorities released information should be comprehensive, accurate, true. Non statutory subject matter and by the statutory procedures, the administrative organs shall not cancel, change the effective administrative decision; because of national interests, public interests or other legal reasons to withdraw or change of administrative decisions, should be carried out in accordance with the statutory authority and procedures, and the administrative relative person and therefore subject to property loss shall be compensated.

  Personal qualifications is the result of the government examination or review and awarded the qualification to engage in certain activities, the government has to civic skills, skills, qualifications recognized, such qualifications not because of age and disappear, because were great individual differences, a newspaper, 105 years old can drive people abroad, more than 80 years no violation, recently by children 95 year old from India also. Driver's license is the government to the holder of the driving skills and master the knowledge of traffic rules regulations admit, road safety act does not violate the law, can be long-term effective license. Can not think of the holder to the retirement age, out of work posts will fall out does not know a person, because the labor law also may not have such a provision, you retire, you master the skills also retired. On the contrary, the law on the protection of the rights and interests of the provisions in elderly patients, may engage in mentoring activities, new regulations also stipulate the novice driver's license also need mentoring in particular on the road, driving the fiftieth, no doubt on this part of the elderly "knowledge, skills and revolution, construction experience," contempt "good moral character of their expertise, not" and the role of the elderly". Breach of security interests of the elderly.

The article forty-second of the constitution, citizens of the people's Republic of China have the right and obligation of labor. The constitution of labor rights have been deprived of license new regulations making department.

Here, a driver's license regulations making department mixed around specific qualifications and conditions of employment concept, the license for example, holder does not occupy labor indicators, only countries agreed to the use of modern means of transport and the community to provide road resources, he can be the employer with some conditions, also can use, for example, the future the good life, citizens can buy from the car, the driver's license for their own use, but according to the driver's license regulations 50, apparently not allowed.

In short, driver's license regulations in violation of state legislation in the formulation, without citizen participation, argumentation, violated many national laws, should cause the high concern of the organs of state power.

Our fifth article of the constitution of the people's Republic of China, the rule of law, building a socialist country ruled by law. The national safeguard the uniformity and dignity of the socialist legal system. All the laws, administrative regulations and local regulations may contravene the constitution. All state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law. All activities that violate the Constitution and laws, must be investigated. No organization or individual may be beyond the constitutional and legal privileges.

In March 22, 2004, the State Council issued "comprehensively promote administration according to law in compendium" put forward: "after ten years of unremittingly efforts, the basic realization of goal of building the rule of law". Now eight years have passed, a distance of ten years, there are more than a year's time. Driver's license regulations making organs, sustained management of national road safety authority, illegal administration, in a flagrant way has ultra vires, not only that, but also gold out of major political events. A few years ago, deputy director of the Chongqing Public Security Bureau, corruption and bribery was sentenced to death, before the said a few words, a sentence, a deputy director, do as one pleases, where organizations where any director, supervision, public security, national model workers, hero, the pressure is too large, not to seek the protection of law, to foreign pressure, recently by the departments of labor regulations, illegal, the author consulted, the regulations are based on 54 years of the 100 set, the constitution changed several times, 100 had changed, the above facts, that the authorities do have, but the problem is serious. We should deeply, a clear understanding of the current situation of the rule of law,

    Implement the basic strategy of governing the country according to law, to promote administration according to law, building the rule of law government, is our party governing revolutionary changes in concepts and methods, it has an epoch-making significance. To achieve this revolutionary change as soon as possible, we must take powerful measures, run small step.

   Strong demand of the NPC Standing Committee will this approved the law as unconstitutional review committee, set up, the State Council has rescinded or directive authority to modify the.

The strong requirements of the State Council set up an investigation group, develop in the driving rules department to complete 18 security work, check the working condition of learning the laws of the state, ministerial rules, new rules making investigation license violations during the start-up supervision law, procedure, the responsible person in accordance with the law.

The other by the way of the elderly driver's license management is not mature opinions.

1 to management according to law, administrative organs may apply for authorization or legislative proposals.

2 correct estimation of old drivers group morality, to obey the law, technology, physical condition. They entered old age, most have a social experience, law-abiding, dedication, exquisite technology, China is raising the retirement age, retirement age and actual legal he old man is NPC and CPPCC; correctly distinguish the license is for personal use or to engage in the operation, take different management methods of operation and use.

3 do the driving safety publicity and propaganda and work, fatigue driving, disabled drive, psychotropic drugs drove like wine, are not allowed to drive, are violation of traffic law, will be punished, so the driver, especially the elderly driver consciously to comply with traffic rules, and old people to drive less, walk more. Increase the illegal driving and work, by withdrawing, points, test method or the elderly family members participating in voluntary, or cancellation is not suitable for driver's license.

 2012-11-29Yan Ruzhong citizen ID number 370102194809200059

 Telephone: 13969130351053185688474

Address: Shandong Province, Lixia District, Ji'nan City, the mountain East Road No. 11 prison in Shandong Province Bureau hostel

 See: report on court of legal advice and judgment in the process of the rights, the victim.