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“禁摩限电”已经成为各地公安交管部门维护交通秩序、保障交通安全的常规性治理手段。深圳市“禁摩限电令”及“禁摩限电”行动违反了行政合法性原则。首先违反了合法行政原则,表现为它的两个制定根据之间存在不一致情形,下位法根据因与上位法根据不相一致而失去根据的资格;它的内容和主旨因与上位法根据相背离而在逻辑上和法理上影响其合法性。其次违反了程序正当和权责一致诸原则。
“Forbidden power limit ” has become the local public security traffic control departments to maintain traffic order and protect traffic safety routine control. Shenzhen City, “prohibit power limit” and “prohibit power limit” action violates the principle of administrative legality. The first violation of the principle of legitimate administration, manifested as inconsistencies between the two bases of its formulation, the lower law based on incompatibility with the law of the superior basis of the loss of eligibility; its content and subject to deviation from the primacy of the law Logically and legally affect its legitimacy. Secondly, violate the principle of procedural fairness and rights and responsibilities.