The Ministry of Public Security's "Regulations on the Application and Use of Motor Vehicle Driving License" stipulates that as long as the resident ID card, household registration book and "Motor Vehicle Driver's Physical Condition Certificate" are prepared, you can apply for driving test-that is, it is the freedom of citizens to choose how to learn driving skills without training in driving school.
It has become common sense that citizens should have a driver's license when driving on the road and take a driver's license after driving school. I didn't expect all this to be taken for granted, but an illegal binding under the complicated interest puzzle and a monopolistic behavior driven by huge training profits. The law does not stipulate that citizens must have a "driving school study record" to take the driving test. Citizens could have avoided the high cost of driving school, and had the right to choose their own way of learning driving skills, and they could have taught themselves the exam just like taking a university exam. According to media reports, it was Shenzhen citizen Qiao Ling who uncovered all this. He became the first person in China to regard the driving test as his "personal identity" in his real right.
Thanks to Qiao Ling, he subverted a so-called common sense that violated public rights for several years and became the first person to practice rights protection, which may promote the end of "compulsory driving school training".
Why do I have to go through driving school training to get a driver's license? No department has given a convincing reason. For the driver's driving skills, this can be achieved by strictly closing the driving test terminal and checking whether the driver has driving ability through written test and road test. For the safety of public transportation? Driving involves not only other people's lives, but also the driver's own. Few people are not responsible for their own lives. In order to let the candidates pass the driving test smoothly without wasting the registration fee? This is not troublesome for candidates. The money is paid by the candidates themselves. They are the best judges of their own interests and costs. What else could it be for? Obviously, driven by the high profits of driving training, the relevant departments have formed a monopoly on driving test training, and made huge profits through bundled training and examinations.
The Ministry of Public Security's "Regulations on the Application and Use of Motor Vehicle Driving License" stipulates that as long as the resident ID card, household registration book, motor vehicle driver's physical condition certificate and other materials are prepared, you can apply for the driving test—that is, you don't need to go through driving school training, and many places stipulate that you must have a driving school training record. The staff of the vehicle management office explained that the regulations of the Ministry of Public Security are only a macro guidance, and we can make our own implementation measures.
Which law stipulates that "the Ministry of Public Security only provides macro guidance, and local governments can formulate their own implementation measures"? This is a typical arbitrariness of administrative license. For citizens, freedom is not prohibited by law, and for public rights, the law is not allowed to prohibit it. This is not only the core principle of the Constitution, but also the soul of the Administrative Licensing Law-Bill. If there are no specific provisions in the law, it should be understood as citizens' right to freedom, and the local authorities have no right to formulate specific implementation measures on their own. Any kind of administrative power of the government must be explicitly granted by law, and any ambiguity can only be interpreted as beneficial to civil rights.
The law does not clearly stipulate that it should be regarded as the lack of civil liberties, not the lack of "local governments can formulate specific implementation measures", and the power of "local governments can formulate specific implementation measures" should be clearly endowed by law. Since the law does not require citizens to undergo driving school training before taking the driving test, citizens are free to choose how to learn driving skills.
Driven by departmental interests and law enforcement economy, many departments in many places have developed the habit of "setting standards at will where there is no specific law". For example, in pig slaughtering, the law requires "centralized slaughtering and centralized quarantine", which is reflected in the fact that "there are only two or three government-run slaughterhouses in big cities with a population of 67 million, and cities with a population of 500,000 to 600,000 are concentrated in one, forming a slaughter monopoly. Another example is private schools. The law does not set specific conditions for the establishment of private schools, but some places have set many conditions such as "covering an area of not less than 8000 square meters", which makes it difficult for private schools to survive legally and form a monopoly on educational resources. What's more, it is stipulated that "driving school is required for driving test". It is conceivable that once the administrative power gives the driving school a monopoly position of "needing driving school", the driving school fees cannot be low. Compulsory detention and repatriation have been abolished, compulsory premarital examination has disappeared, and the society ruled by law is also a society where citizens are less and less forced. It is expected that Qiao Ling's victory will promote the early end of "compulsory driving school training" through the court decision.
Million car purchase subsidy