A Research On Economic Law Regulation On China's Urban Public Transportation

Along with China's city constructure rapid developing and people's life level keep raising,people's wish for sound and fast bouger become increasingly strong.But roads with increasingly traffic james and uninterruptedly worsen environment speak volume for the realistic dilemma in China's urban public transportation.This dilemma not only restrains urban sustainable development,but also cut back poople's well-being about city.Therefore, the height of quality and speed has bocome key indicator to verify Chinese government public service level and civil rights protected level.Moreover,among the rest of many countermeasures solving urban population's bouge, urban public transportation has irreplaceable vital function.Urban public transportation is a special industry affecting national interest and people's livelihood, belonging to quasi public goods and public service area.It has natural monopolization and economy of scale, unique market structure, remarkable industrial characteristics.Just based on the economic analysis and acquaintance on public interest objective about urban public transportation, western developed nations. universally adopt state and government public monopoly policy model on urban public transportation marker at early stage,in order to protect and promote industry growth by strongforceful government regulation. In 20th century seventies,although many countries taken reforms to urban public transportation for privatization, but the effect is not obvious. Public monopoly patterns be represented by the United States are still manifest powerful life-force in urban public transportation regulation. No matter what adjustment and change in western developed nations' urban public transportation regulation policy, legality always lead very process in urban public transportation reforms.Urban public transportation initial starting is later in China, on account of chronically excluding application of western economic theory, national monopoly pattern of urban public transportation in China's planned economy time is not in view of understanding natural monopoly. Since reform and opening-up,China carry out reform in urban public transportation for marketization direction step by step,at the same time,carry out strypped-down on state-owned urban public transportation enterprises. China urban public transportation initially form diversification capital setup by reform oriented by state-owned economy,meanwhile,promote the industry competition level at remarkable extent,improve economic efficience and relieve fiscal burden.But in the process of urban public transportation marketization,Because China seriously lack related legislation,the reform exposesd many problems such as objective indistinct; industry fixed position inaccurate,general train of thought obscurity,related rules incompatibility.These problems reduced the reform effect greatly and didn't promote remarkablely the whole level of China urban public transportation. Under these circumstances, China urban public transportation should insist on public interest objective, walking along government regulation road rule by law.Bacuse economic law is possessed of standard of society and public interest,it is bound to be tools for adjusting urban public transportation regulation legal relationship.General assumption of economic regulation construction on urban public transportation is to build legal frame taking economic law as backbone and realize the regulation of urban public transportation rule by law. The frame should be a unity, taking consititution as base stone,and urban public transportation law as core, composed of Macro-adjustment and control law such as Industries poilcy law, Fiscal law and Tax law, etc, Regulation law such as Market antimonopoly law,etc and social law such as Labor law, Environmental protection law, Social security law etc. Ihe construction of legal frame is to establish elementary object of regulation organization, maintaining public interests, ensuring service quality of urban public transportation, defending market competition in order,clear and definite seven fundamental principles of regulation,such as government intervention, regulation according to law, independent regulation, moderate regulation, people oriented,material equity, combination of enterprise self regulation and social supervision. In the condition of regulation aim and principle fixed,chooseing regulation agency conformed to China national life and industry characteristics is precondition to realize regulation target. At present, China regional urban public transportation still exists problems of disunity regulation agency and unsharpness regulation function, on the basis of considering self factor of urban public transportation and China organizational form of political power, urban public transportation regulation agencies should be set unitedly in central authorities, Province(including municipalities directly under the Central Government and autonomous regions), prefectural-level cities,there is a leadership relationship between subordinates and superiors in the agencies.The basic functions of regulation agencies in deferent levels should be united, including supervision in the round to programming, investment, construction, quality, environmental protection, price and admission.At the same time,there should have distinctions in specific functions between national and district regulation agencies.Moreover,the realization of rule by law put into practice can't do without definite economic law regulation rights and obligations and procedure.Which can clear the side of authority and right, the procedure of power and right exercise, ascertain where the responsibility lies and remedy system of rights,then realize public interests by defending market workable competition in microscopic view.Furthermore,the economic law regulation construction of urban public transportation contains below contents:1, Economic law regulation on urban public transportation admission.The dissertation want to build admission mechanisms on stratum level and competition by surrounding such a target that protect urban public transportation natural monopoly status, restrain illegal monopoly,defend fair competition in the market.2, Economic law regulation on urban public transportation price. The dissertation want to build multiple-unit price-setting mechanism,fair and scientific fiscal subsidy mechanism,then play a big role in price regulation combining industry features by making sure governmental responsibility on price regulation,bouger safeguard and sociality value objective of urban public transportation price regulation.3, Economic law regulation on urban public transportation quality of service. The dissertation want to build unified regulation facility of urban public transportation, formulate quality of service standard of urban public transportation, strict related liability of Economic law regulation on urban public transportation quality of service.4, Economic law regulation on urban public transportation social responsibility. The dissertation want to clear and definite legal obligation of urban public transportation social responsibility, safeguard the working conditions of urban public transportation personnel, measures taken to realize urban public transportation low-carbon marketing and realize universal service by pro-poor regulation.5, Economic law regulation on urban public transportation state property. China urban public transportation have gigantic state property, bear great social responsibility. Whether or not safely protect it has to do with multiple objectives of runing the country in accordance with the law, well-off society, integration of urban and rural areas in China. It should be aimed at particularity of urban public transportation state property regulation, let state council and local government beyond state asset regulatory commission authorize specialized regulation organ in addition to perform duties to state-owned enterprises as contributor represented peer governments.At the same time,China should build such state property regulation systems as protection and restriction are equal importance, state-owned enterprises compete on an equal basis, intervene in state-owned enterprises reform,to perfect legal remedy for economic law regulation on urban public transportation.