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Ask for foster travelling expenses to break the law? Bureau of highway of car ch

From;    Author:Stand originally
1999, " highway law " amendment thirtieth sets 6 times: "The country is adopted lawfully the method of levy raises money highway conserve capital " . But after this, fuel tax is collected fail to be carried out formally all the time. Have a car advocate etc urgent, after the maintain a road that was collected two years is expended, he told bureau of Shenzhen city highway the court, show the administrative action that asks for foster travelling expenses breaks the law.

Chen Mou is citizen of a Shenzhen. By December 2005, he bought a car, was registered in car canal on December 30 at of the same age register. On December 28, 2006, chen Mou reachs Shenzhen city cost of maintain a road of pay of place of check of Fei Zheng of plan of highway of hillock of highway bureau dragon. Highway bureau company wants his pay the cost of maintain a road of 2006 year reachs fine for delaying payment 1200 yuan 1200 yuan, the maintain a road of 2007 year expends pay 1000 yuan, add up to 3400 yuan, chen Mou subsequently pay holding cost.
After coming home, chen Mou gets online be informed, the 12nd times the conference passed standing committee of countrywide National People's Congress on October 31, 1999 " about revising the decision of highway law " , thirtieth of law of decision general highway 6 instead: "The country is adopted lawfully the method of levy raises money highway conserve capital, specific executive measure and measure are set by the State Council. Specific executive measure and measure are set by the State Council..

He thinks, the country comes with levy with regulation of formal proclaimed in writing conserve highway, execute Fei Zheng of old maintain a road to close to already was cancelled. Highway bureau asks for foster travelling expenses again and do not have legal basis, it is a kind of illegal administration collects behavior, already enroach on his legitimate rights and interests, then his one paper indictment tells a court, the requirement affirms its ask for foster travelling expenses and behavior of fine for delaying payment to break the law, want to reimburse the holding cost that he pays at the same time.

Forensic cognizance thinks, " highway regulation " regulation: Have the unit of car and individual, must stipulate according to the country to highway conserve branch pay raises travelling expenses. " highway law " although stipulate the country raises money with the means of levy highway conserve capital, but specific executive measure and measure, the State Council has not decide. So before coming on stage with measure in relevant executive measure, bureau of each district highway should concern a regulation collect highway maintain a road or railway to expend by the State Council.

Accordingly, highway bureau collects Chen Mou to raise the act be good law of travelling expenses and its fine for delaying payment to set, collect amount be good law to set a standard, impose a program lawful, should grant to support lawfully.


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