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近年来,因违章车辆拖吊费用问题而引发的争议不断出现。主要争议之点有交警部门能否委托民间企业拖吊违章车辆?民间企业拖吊违章车辆是否应当收费,谁来付费?如果车主对收费不服,法律上的救济程序又应当如何?要解答这些问题,首先需要对违章车辆拖吊行为的性质进行分析。同时,在公共行政民营化背景下,应当规范交管部门与民间企业之间的委托合同,并加强监管职责,而不能推卸国家责任。
In recent years, controversy caused by illegal vehicle towing costs has been constantly emerging. The main point of controversy whether the traffic police department can entrust private enterprises to tow illegal vehicles? Private enterprises towing illegal vehicles should be charged, who pay? If the owners are not satisfied with the fees, the legal relief procedures should be? To answer these questions , First of all need to analyze the nature of illegal vehicle towing behavior. At the same time, under the background of privatization of public administration, the entrusted contracts between the departments in charge of transportation and private enterprises should be regulated and the responsibilities of supervision should be strengthened rather than the responsibility of the state.