Research On Administrative Subsidy Mechanism Of Urban Public Transportation In The Franchise

Urban public transportation belongs to the urban public utilities, providing public services. In the wave of market-oriented reforms, enterprises of urban public transportation in our country started the reform of franchise institution. Franchising enterprises are manufacturing ones that contain commonweal character. Due to the regulation of low fare and undertaken by the instruction of the public welfare or other tasks, franchising enterprises are subjected to policy related losses. In order to ensure the normal operation of franchising enterprises and to maintain the public’s travel task, governments have to pay administrative subsidy to the franchising enterprises’s policy related losses. Under the existing mechanism of urban transportation subsidy in our country, since the imperfection of administrative subsidy legal system, the effect of subsidies is not obvious. Therefore, mechanism of administrative subsidy of urban public transportation has became the key problem during the development of urban public transportation.The first part of this dissertation describes the rise of the reform of the urban public transportation in the franchise. Shiyan’s urban public transportation franchising reform, for example, pointed out the imperfections of the administrative subsidy mechanism in the current urban public transport in the franchise is the key problem to the failure of the reform.The second part analyzes the theoretical basis of the administrative subsidy and the connotation of it. This dissertation think that regulatory harvesting theory is the the oretical basis of urban public transport in the franchise to obtain subsidy. Based on the protection of property interests of the concessionaire,it should give them administrative subsidy.The third part starts from the administrative subsidy practices,like in Beijing, Shenzhen and Nanjing.Then pointed out the problems in the present administrative subsidy system:the low level of subsidy laws that exist in the present administrative subsidy of urban public transport, subsidy provides to a narrow object, the form of subsidy is too single, the procedure of subsidy is not unified and clear, the standard of subsidy is not conducive to the protection of the people’s right and subsidy’s legal remedy is lack of givin litigation’s provisions. And then draws on the basis of the advanced experience of the administrative subsidy system in other countries and regions of urban public transport franchising, raises suggestions for improvement of the administrative subsidy for the legal system in China’s urban public transport franchising. In these areas to improve the administrative subsidy system in the urban transport franchising:proposed to make specific provisions on the substantive rights and procedures of the administrative subsidy in laws and regulations, to establish well-access system for the franchise, expand the form of administrative subsidy, establish the unified and comprehensive subsidy procedure, fully subsidized concessionaire subsidies, as well as in administrative proceedings to the introduction of the given litigation.