Saturday, March 27, 2010

Grip-free cell phone driving ban to fight hard to law enforcement

Grip-free cell phone driving ban to fight hard to law enforcement

Su Xing, director of the Road Safety Authority said that the Administration was considering the ban drivers who use hands-free grip while driving on the phone handset devices in order to avoid affecting driving safety. Since this one possible measure the relationship between mobile phone universal social benefits, see the vital interests of the public is undoubtedly worthy of attention, may also bring about wide-ranging implications of public decision-making. Based on this, whether we should ban driving for the use of mobile phones, both in conceptual and procedural, so that the feasibility and impact the future of law enforcement in areas such as have merited further discussion necessary.

First, from a conceptual point of view, as

Technological advancement, social endless variety of new services, but also to the daily lives of ordinary people offer great convenience and help to improve the effectiveness of the transaction, the most obvious ones being the popularity of computer and Internet use agile. However, the introduction of these new services, in the absence of legal regulations, it often appears a window of the phenomenon of the Act, give rise to new public harm or criminal acts. So, faced with new transaction took place earlier, policies, laws can only be embarrassed in the post-follow-up, from the perspective of the rule of law, how to narrow the gap between de facto and legal regulations the space between the window period, often the test an important indicator of the effectiveness of state law.

However, for new services to establish a standardized, resulting in the corresponding rules of the game, of course, is the rule of law necessary to process, but for the prohibition of the specification set penalty clause should be based on whether or lead to public harm, or tort to third parties in good faith acts as the main sub-accurate, it does not cause finds that implementation of organizational problems, and even caused due to undue restrictions on public rights of private rights violations.

With such indicators, the Road Safety Council's intention to use mobile phones to be necessary to standardize on procedures, facts and evidence must be clearly identified and access to the legal basis.Because of this, the Road Safety Council should be recognized is that the first car to avoid the use of cell phones and traffic safety grip the association between the availability of necessary, if the Road Safety Authority raised no strong data to prove, then the credibility of the decision-making Bianjiang be questioned. And on that point, although the rise to a number of countries concerned with research, but obviously not yet been addressed to a clear conclusion. So far the whole world but only Australia, New Zealand, Japan and other people in a few countries expressly prohibit cell phone and drive. Therefore, the Road Safety Board to make decisions, you should first undertake a case study commissioned by academic institutions, rather it is necessary to process; if the Road Safety Council in no convincing data to support adequate before, it is necessary first to shake hands free to fight driving ban machine, it can not help but have a hasty decision, act in a rash.

In addition, since this has a bearing people's personal rights, self should be done through the legislative process, therefore, the level of the Ministry of Communications of view, the implementation date can only be determined by careful study of road safety officials and the Road Traffic Regulations on Administrative Penalties for the completion of amending the law. Even if the authorities through the legislative process, orders to prohibit cell phone and drive, the future practical implementation of the difficulty of proof for the ban, I am afraid there is also considerable psychological preparation. As long as we see the police and objective certification standards for cell phone and drive the implementation of the ban, must face a lot of interference, then the more difficult for the certification of the car-free grip playing mobile phone, is bound to lead to more troubles and even resentment. This is one of the implementation details, including the initiative to break out, or whether it should be prohibited from passive receivers, but most likely is that if those who have the same car, then how to identify whether the driver or passengers and so on. If found in order to implement the convenience for car owners or users be banned, you can assert that would be a place that inspires resentment requirements.And if there is significant evidence of law enforcement trouble, but still ordered the rules, the right of public authority of the letter and the damage will become even more important.

Legal norms, in addition to consider assessing its feasibility, the ban on negative norms of the same time, it should consider the possible effects of the positive guidance. Grip-free cell phone ban driving beat, is intended to guarantee safety, but the use of mobile phones undoubtedly has its positive features, as a result of negative constraints, making the role of communications affected, leading to the private sector dynamism, productivity, and even integration with the international-oriented, contact was prevented, the total number of gains and losses between the obviously should do the testing and evaluation of a comprehensive, balanced way to find. If the hasty decision-making, see the forest for the trees help to improve road safety remains to be seen, they are Peidiao the prestige of the rule of law