Basic meaning and content of road administration
1. The meaning of road administration.
Road administration refers to the administrative management implemented by the transportation department or the authorized highway management organization in accordance with the provisions of national laws, regulations and rules to protect highways, land used for highways and ancillary facilities for highways and maintain highway order.
2. The basic content of road administration.
(1) Protect road property. The so-called road property refers to roads and their ancillary facilities. The function of protecting road property is mainly reflected in two aspects: first, it is forbidden to directly endanger roads, road land and road ancillary facilities; The second is to limit acts that may cause harm to highways, highway land and highways.
(2) Maintain the right of way. Maintaining the right of way is to protect the right of way from infringement, which mainly includes: controlling the building red line on both sides of the road; In conjunction with the land management department, define the land boundaries and land use rights of highway land, reserved land and ancillary facilities, and register them.
(3) maintain order. It is mainly reflected in maintaining the normal order of highway ferry and highway construction, maintenance and other engineering construction sites, cleaning up the highway market along the highway, setting up stalls, various off-highway signs and signs and other behaviors that affect the highway order, and the normal order of highway administrative functions such as highway external administration.
(4) protect rights and interests. Protection of rights and interests refers to protecting the legitimate rights and interests of highway management organizations, highway management organizations, highway management companies and maintenance work units, as well as protecting the legitimate rights and interests of highway maintenance construction personnel and highway management personnel when they are engaged in production and performing official duties, and protecting the rights and interests of citizens, legal persons and social organizations in using highways according to law, including some administrative actions arising therefrom.
Two new measures to improve the level of road administration.
1. Rule of law and standardized law enforcement. Governing the country according to law and standardizing law enforcement behavior are essential conditions for law enforcement personnel. First of all, law enforcement officers require "knowing the law, understanding the law and abiding by the law" in the process of law enforcement. To establish a regular training system, law enforcement personnel should regularly update their legal knowledge and strive to promote the standardization, institutionalization and rationalization of road administration. Create a new image of the road administration law enforcement department "ruling according to law, being honest and pragmatic, and enforcing the law for the people". Secondly, strictly regulate law enforcement behavior and adhere to the requirements of "law enforcement taboo" and "law enforcement prohibition" by the Ministry of Communications. Dress code, law enforcement norms, adhere to the combination of civilized language and law enforcement norms, so as to be warm and thoughtful and enforce the law impartially. In the process of law enforcement, keep in mind the idea of serving the people wholeheartedly and constantly improve the quality of service.
2. Strengthen supervision and team building. At present, some highway law enforcement teams have "the problems encountered in the process of administrative law enforcement are neglected, the work is loose, there are many emergencies, and the quality of the teams is low". Highway departments should implement target management according to the actual situation and local conditions, and strengthen the responsibility supervision of leaders at all levels to perform their duties and political acts. Constantly promote the standardization and scientificization of the supervision system. Strengthen the system evaluation mechanism and give full play to the system vitality. Implement the daily assessment system and resolutely implement the supervision system with clear rewards and punishments. At the same time, the implementation of sunshine operation, take the initiative to accept social supervision, and will strictly implement the road case handling system, "inspection, filing, exploration, investigation, filing" and other aspects of standardization as assessment indicators. Establish a four-in-one supervision mechanism for law enforcement teams: education guidance, institutional restraint, social supervision and internal supervision. Promote road administration to enter the legal track.
3. Abide by the law and improve the legal system. First of all, due to the diversification of investment subjects in highway construction in China, many local laws and regulations have been formulated according to local actual conditions. To some extent, this phenomenon has become a chaotic situation of fragmented policies and different law enforcement. Therefore, the state should promulgate and implement laws and regulations on highway management, strengthen the unified leadership of highway management departments, and clarify the responsibilities of local departments. Secondly, law enforcement officers should implement the existing highway laws, so as to "investigate those who violate the law and investigate those who violate the law". At the same time, it is necessary to enhance the sense of responsibility and mission of law enforcement personnel, establish a work style of "abiding by laws, strictly enforcing laws and prosecuting offenders", and establish a highway law enforcement team that is honest and impartial in law enforcement.
4. Publicity and education to create a legal atmosphere. At present, China's lack of publicity on highway law and other laws and regulations has seriously affected the smooth development of law enforcement in highway management departments. Therefore, it is imperative to increase publicity. In the process of publicity and education, we should pay attention to the following points: ① Innovate the way of publicity, and road officials can make corresponding laws and regulations into documentaries, slides and other forms to show to the masses. In addition, publicity and education can be carried out through highway warning signs. (2) Broaden the publicity channels, such as the Internet, newspapers, radio, television, CD-ROM, etc., to expand the publicity coverage, promote the public to understand highway laws and regulations, and consciously safeguard highway smoothness and safety. (3) Clear the publicity target, open a road consultation hotline to solve all kinds of road-related problems raised by the masses, and at the same time distribute road management guides at highway toll stations, nearby gas stations, parking lots, villages along highways and other places to answer road legal related questions on the spot.
5. Close cooperation, * * * Weilu property rights. Due to the characteristics of "one road, two systems" in road administration, the unclear responsibilities of highway departments are serious. There are two preparations for road administration: one is to form an integrated joint defense management mechanism with the road, ground and police linkage law enforcement system as the main body, and make it routine, scientific and institutionalized. Rationally integrate and allocate tripartite resources, establish a regular joint meeting system, and carry out unified rectification actions from time to time. Ensure that the economic and social benefits of expressways are fully brought into play. Second, through research and experience, we will work out a set of practical road management plans, strive for the government to lead, set up a road management team, and do a good job of coordination with other departments to jointly form a situation in which the road management work is clearly divided and the right of way is guaranteed. Both hands should be hard, and the purpose of road administration is to protect road property and safeguard road rights.
6. People-oriented, create a new situation of highway management. With the rapid development of network and informatization today, road administration needs to emphasize all-round, multi-angle and high-quality aspects. Therefore, only by adhering to the people-oriented principle and combining people's needs with road administration can a perfect multi-angle and all-round social management network be established. Only through the concept of law enforcement for the people can we effectively perform the duties of the road administration department. At this stage, the road administration department needs to strengthen advanced equipment and concepts to improve the level of road administration, such as the number of law enforcement vehicles to meet the needs of road administration and overload control; Vehicle-mounted equipment should adapt to information management. Effectively use advanced monitoring equipment to cooperate with patrol personnel to master expressway dynamics from all directions and angles.
In a word, road administration is a complex system engineering. Only by adhering to the concept of law enforcement for the people can we effectively protect road property and safeguard road rights.