城市交通立法的理念应当实现生态化，即在立法中将法律的价值取向由人与人的社会秩序扩展至人与自然的生态秩序。要求城市交通立法以“人与自然和谐”、“以人为本” 、“权力制约” 和“公平正义”为理念。生态文明背景下的城市交通立法基本原则，无论是标准，还是特征，都缺乏研究。为了体现生态文明背景下的城市交通立法理念和价值追求，我国城市交通立法基本原则应由“交通可持续发展”、“交通便捷”、“交通环境民主”、“共同责任”和“合法性”等五个原则共同构成。这些理念和原则，为城市交通具体制度的构建提供了理论基础和指导方针。
The human society is entering the period of ecological civilization construction, and the ecological civilization is produced in the review and response to the global ecological crisis caused by the industrial civilization.As the most advanced form of human civilization, ecological civilization has a richer connotation and complex characteristics.Urban transportation has rich connotations and features, and urban development is closely related to urban traffic.Legislation plays an important and fundamental role in ensuring the benign development of urban traffic.The ecological problems of urban traffic, ecological transport and urban traffic legislation are the result of human beings reflecting on the ecological crisis in the historical process.Ecological civilization is the guiding ideology and value target of urban traffic legislation, and the ecological civilization of urban traffic legislation is an important content of ecological civilization.
China’s ancient road traffic laws and regulations have a long history, but the development is relatively slow.Some ideas have a positive effect on the formation of good traffic order, and people have realized the necessity of following the laws of nature.In modern times, with the importation of cars, it began to enter into modern traffic, forcing the authorities to make laws and regulations to manage traffic order and traffic safety, but less attention was paid to the resource environment.Since the founding of the People’s Republic of China, the process of transportation legislation has undergone four stages: inception, wandering, zigzag and development, and achieved remarkable achievements.With the emergence of the global ecological crisis in recent years, in the face of the urban traffic of the ecological problems of resources, environment and congestion, urban traffic legislation concept is limited to the traditional anthropocentrism view this doctrine (content) of mold, transportation system design on attaching too much importance to the interests of motor vehicle maintenance, there is a great distance away from the requirement of ecological civilization.
As the world within the scope of environmental degradation and the scarcity of resources is more and more serious, the western developed countries is not only the concept and practice of the ecological traffic, but also about the legislation of ecological traffic in the top in the world.In ecological traffic resource saving, environment friendly, smooth running, etc., the European Union, the United States, Japan and other developed countries and regions, no matter from the legal origin, development, and the content of the legal system, etc., construction of law system for China’s urban transportation has more beneficial enlightenment.
The concept of urban traffic legislation should be ecologicalized, that is, the value orientation of law is extended from the social order of person to the ecological order of man and nature.The concept of "harmony between man and nature", "people-oriented", "power restriction" and "fairness and justice" is required.The basic principle of urban traffic legislation in the context of ecological civilization is lack of research whether it is standard or characteristic.In order to reflect the ecological civilization under the background of the urban traffic legislation concept and value pursuit, our urban traffic legislation basic principle should be "traffic sustainable development", "convenient", "traffic environment democracy","Shared responsibility" and "legitimacy" and other five principles constitute.These ideas and principles provide a theoretical basis and guideline for the construction of specific system of urban traffic.
Under the background of ecological civilization city traffic legislation pattern choice, leading to the problem oriented legislation should follow from the department, from local respective legislation to regional collaboration, the transition from traditional legislation to the ecological legislation.The legal system of urban traffic legislation in the context of ecological civilization should be constructed by international treaty, constitution, basic law of transport, traffic law and traffic related law.Under the background of ecological civilization of the city traffic legislation on the concrete system construction, the formation of traffic resource saving land and energy saving system, to improve, motor vehicle exhaust emission noise and sound system of traffic environmental friendly vehicles, the demand constraint, supply logistics, management, optimization of urban traffic flow system.The above institutional system provides the institutional basis and precondition for the urban traffic law in the context of ecological civilization.