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随着经济的发展,人们的购买能力显著提高,以致私人机动车辆的数量日益增多。众所周知,摩托车也属机动车,其数量也日益增加。汽车、摩托车等机动车辆数量的增加势必会造成城市交通的拥挤和堵塞,也使交通事故的发生率明显提高。因此,近年来很多城市基于摩托车、电动车等引发事故的急遽态势、较高死亡率,及其超速、逆行等乱象,开始推行禁摩令,深圳作为一个经济繁荣、人口较多的经济特区也不例外。深圳市警方推行这一专项行动的原因有两个:其一,限制摩托车的使用有利于政府对城市管理的便捷;其二,有利于保障摩托车主的交通安全。深圳市政府的这一举动,不仅侵犯了公民的自由权以及财产权等方面的权利,同时也反映了公权与私权的冲突与博弈。因此,文章分别从法律父爱主义,法律价值冲突与选择以及公权与私权的博弈三个方面进行思考,相信对如何看待禁摩令有所裨益。
With economic development, the purchasing power of people has significantly increased, so that the number of private motor vehicles is increasing day by day. As we all know, motorcycles are also motor vehicles, the number is also increasing. The increase in the number of motor vehicles such as cars and motorcycles will inevitably cause congestion and congestion in urban traffic and will significantly increase the incidence of traffic accidents. Therefore, in recent years, many cities started to promote the ban on mosquitos based on the rapid development of accidents such as motorcycles and electric vehicles, their higher mortality rate, and their overspeed and retrogrades. Shenzhen, as a prosperous and populous economy The SAR is no exception. There are two reasons why the Shenzhen police carried out this special operation: First, restricting the use of motorcycles is conducive to the government’s convenience in city management; secondly, it helps to protect the traffic safety of motorcycle owners. This move of the Shenzhen Municipal Government not only violated the rights of citizens in their freedom and property rights, but also reflected the conflicts and games between public and private rights. Therefore, the article from three aspects of the law father love, the conflict and choice of legal values and the game between public and private rights thinking, I believe there is some benefit on how to view the prohibition of morale.