Shanghai License plate Auction legal basis case questioned

This reporter Sun Xiaolin Shanghai December 29, 4 o'clock in the afternoon, the trial is over, the representative of the Shanghai Municipal Government Law Office forcibly and act against anti-hooliganism shook hands, hurriedly left the court. In the previous two hours, gunpowder has been pervasive in Shanghai's second Intermediate People's Court C302 room.　　"Shanghai license plate Auction legal basis case" just ended here.　　The Prosecution for Shanghai Citizens Act against Anti-hooliganism, the prosecution of the Shanghai Municipal People's Government, prosecutors believe that Shanghai through the implementation of license plate auction system lacks basis.　　Prior to that, he has applied for information disclosure, asking the Shanghai side of the legal basis for public licensing, Shanghai to return the basis for the "People's Republic of China Road Traffic Safety law" and the "People's Republic of China auction law."　　After the trial, he told the reporter, is precisely the two laws "prove that the Shanghai side of the illegal licensing, because the two laws do not have any one clause to support the Shanghai licensing."　　Interestingly, shortly before the trial, outgoing news, the first vehicle density in Shenzhen, said in the public, the temporary will not consider restricting the car licensing, and Beijing has adopted the way to issue license plate.　　Since 1994, the start of the licensing system by Shanghai as a "transitional" or "phased" system, but the implementation of this system has gone through 16 years. December 29, the reporter contacted the Shanghai license Plate authority, the other side said that there is no new news release, "The role of the actual play card will be judged."　　The representative of the Shanghai Municipal Legal office said during the trial.　　The legal basis of the question before the trial, act against Anti-hooliganism has been to the Shanghai authorities to apply for information disclosure, request to publish the Shanghai license plate auction legal basis. Shanghai authorities replied, "the relevant legal basis is the People's Republic of China Road Traffic Safety law, the People's Republic of China auction law."　　"And it is the two laws that have become the subject of the debate, which, in act against Anti-hooliganism's view, does not provide for a place to auction licences."　　"The Traffic Safety Law stipulates that as long as there are several conditions can apply for a licence, and in Shanghai, also need to meet the conditions of Shanghai to add their own, and pay high fees to participate in the licensing can obtain licences," Swei said. Shanghai License plate Auction practice and the "auction law" whether the conflict is also the focus of controversy.　　In act against Anti-hooliganism's view, the auction law requires the sale of property rights, and the right to obtain a licence is not the financial authority.　　During the trial, he asked the defendant to specify which clause in the two laws gave Shanghai the right to auction the plates.　　The defendant said that Shanghai has fulfilled its obligation to disclose information, but it has not responded to any specific clause giving Shanghai the right to make a licence.　　This is the root of the problem, open the official website of Shanghai's main leadership mailbox, a May 2010 "mass letter" answer or reveal the Shanghai side of the "legal basis". "When the government will be able to terminate this so-called private car quota auction house, whether this auction has violated the spirit of the law, the whole countryLooking at Shanghai, "wrote the letter at the beginning. The name is "(Shanghai) city Traffic Port Bureau Auction Office" This answer: the auction of private car quota is a transitional measure implemented in accordance with the 13th of the Shanghai Road Traffic regulations, the total regulation of the distribution of vehicle number plates and the traffic characteristics of Shanghai, which aims at orderly development of private traffic and control of the excessive growth of private vehicles,　　For public transport priority development and construction to win the opportunity.　　But many legal people told reporters that the Shanghai Municipal Road traffic regulations is only a method, should not violate national laws. A lawyer who has been paying attention to the Shanghai license plate Auction System told our correspondent, "Now Shanghai has stick, no longer said based on the Shanghai local law, but according to the state two laws, but specifically to these two laws which clause has never mentioned."　　"The legal basis for the respondent's reply has nothing to do with the plaintiff's application," he said in a court hearing that the legal basis was "hide-and-seek".　　The transition has been going on for 16 years.　　May 2004, when the Ministry of Commerce, Assistant Minister of the Yellow Sea in the name of the name of the Shanghai auction of private car license is violated the "People's Republic of China Road Traffic safety law."　　This gives Shanghai more pressure, "private car auction will gradually fade with the development of public transport", (Shanghai) City Traffic Port Bureau auction office in reply to the "crowd" questioner said.　　In the Shanghai two sessions, the Municipal People's Congress also actively proposed that Shanghai can cancel the licence auction, in this respect, the Shanghai municipal government spokesman repeatedly said that the licensing is only a phased policy, can not exist for a long time.　　However, although Shanghai has repeatedly said that the policy is "phased", but from the formal start in 1994, the Shanghai License plate auction system has been in place for 16 years, the Shanghai estimates that the more than 10 years to reduce the number of 1.2 million cars.　　This or more determined to take the license plate auction, from the beginning to the present auction plate is the reason to control the growth of vehicles to maintain smooth traffic, but the actual effect remains to be seen.　　If a Beijing person comes to Shanghai for the first time, he may be surprised by the "diversity" in Shanghai, where Shanghai's streets are filled with license plates from Jiangsu, Zhejiang, Anhui and even Shenzhen and Beijing, while in Beijing the road is basically a local license plate for Beijing. "Shanghai raises the burden of buying a car for a long-term increase of 40,000 dollars to 50,000 dollars by auction, in restricting the purchase of motor vehicles, but spawned a large scale, ran to Jiangsu and other land licensing, and then driving in Shanghai such a distorted phenomenon," in the seventh session of the Chinese enterprise management and financial strategy in the December 29 Summit Forum,　　Jia Kang, director of the Finance Science Institute at the Ministry of Finance, said it was a "seemingly palliative" approach. Not only that, a lawyer who declined to be named told our correspondent that Shanghai said the auction was for public transport, but said, "the cost of public transport in Shanghai is not the most expensive in the country, it is very expensive." "Reporter December 29 contacted Shanghai license plate DirectorDepartment, the other side said there is no new news release, which means that the licensing system will continue in the near future.　　BEIJING, Shanghai, deep model comparison: The administrative vs market in Beijing spread through the wave number to control the rapid growth of vehicles, there is a voice pointed out that Shanghai's brand of the way or will be more determined to go on, because Beijing in Shanghai has walked the road.　　For Beijing's system, he said, "there may be no norms, such as cattle will be a lot of money transfer number."　　However, the control of cattle or just management means, for Beijing car owners, to obtain the licence cost is still low, and Shanghai owners currently need to spend more than 40,000 yuan to obtain a "most expensive tin."　　The lawyers said that the Shanghai side had used both administrative and economic benefits, while Beijing had only resorted to administrative measures.　　As a result, he asked the Shanghai public to use the proceeds of the auction licence to obtain the official positive reply, but the reply did not specify the purpose in detail, but gave a rough answer to the investment.　　For example, the problem of capital investment in 2008 is simply one sentence "rail transport construction costs 1.5 billion yuan, bus special subsidy 1.29 billion yuan, ferry loss subsidy 30 million yuan".　　More interestingly, shortly before the trial, the news, the Shenzhen Motor vehicle density ranked first, but Shenzhen has publicly said that the temporary will not consider restricting the car licensing, because it is not in line with economic development needs.　　In fact, Shenzhen has been a license plate market in front of one of the cities, before, this newspaper interviewed a number of Shanghai county government officials and the development zone in charge, all said to learn Shenzhen market experience, let the market play a leading role. The Shenzhen still does not take the administrative means to intervene the license plate issue may give Shanghai some enlightenment.