Research On Administrative Law Of Freeway Free Policy

In 2012 five government departments for good concept introduced holiday highway from toll policy, which has brought great influence to the society, but also make the legal scholars had a fierce talk about the legitimacy and rationality of the policy. Fees at the beginning of the highway under construction in China is based on the situation of our country adopted a "loan to build roads, loan" model, clearly stipulated in the regulations on the toll roads road management enterprises within the time limit prescribed by the contract legally owned highway toll collection, have the obligation to the highway maintenance. Our government for approval, have the right to a toll pricing to highway management enterprise tolls is reasonable and legitimate.The policy in the form of "notice" "against the highway management enterprise legal rights, make the highway management enterprise during the holiday season only obligations without rights, violates the rights and obligations on the phase equilibrium theory in jurisprudence. At the same time, policy in content also benefit only seven main body, and under the passenger to the same highway users more than 7 bus no relevant preferential, this kind of administrative behavior is in violation of the principle of fairness.In this paper, the integrated use of the data analysis, literature analysis to the discussion of subject research. Firstly expounds the need to clarify in this thesis research and public attribute of the highway toll collection right, linking to the research of later; Secondly through the data analysis which after the policy implementation effect do an assessment, and then from the perspective of legal theory analysis holiday highway from toll policy violations, at the same time points out that government intervention in the use of macroeconomic regulation and control way highway transit time consuming, should establish on the basis of the legal and rational, rather than directly using the command, the means of policy intervention in the economy development; The final toll system to our country related legal thinking and Suggestions were put forward.