"周先生诉北京交管局案"引发的思考

地方法规违反上位法律的现象层出不穷,严重影响了我国法律体系的建设和相对人权益的保护;行政诉讼领域对行政行为司法审查相关规定的不完善,导致相对人权益在行政诉讼胜诉后仍得不到救济甚至遭受更严厉的侵犯;北京市交管局依据的地方法规违反了上位法律而被法院判决行政行为违法,却做出更不利于原告的变更处罚,显然失当。

Reflections on the Case of Mr.Zhou Prosecuting Beijing Traffic Administration Bureau

The problems of local rules violating superior laws have appeared one after another, which seriously affects the construction of the legal system and the safeguard of the relative person's rights and interests. The imperfection of some rules in administrative lawsuit with relation to judicial review of administrative behaviors results in relative person's failure in the getting aid even subjection to more serious infringement after he wins an administrative lawsuit. The administrative behavior of Beijing Traffic Administration Bureau is determined to be illegal by the court because the local rules it takes as basis violate superior laws, but it is obviously improper to make altered penalty which is against the plaintiff.