Research On The Access Of Social Capital Investment In Railway Industry

After the implementation of the reform to separate the function of governmentand enterprise in2013, it basically clarifies the relation between government andenterprise. however, the newly formed China Railway Corporation dominance anddeep in debt, the development of the railway industry is still plagued by seriousproblems such as closed monopoly and shortage of funds.Therefore, We should breakthe monopoly, introduce competition, construction of diversified investment subjectsystem,it is the main goal of deepening the reform of the railway system in the future,and the fundamental way to achieve this goal is the railway industry opened to socialcapital.In recent years, the idea of reform has become a consensus, and the StateCouncil and the Ministry of Railways has made a series of regulatory documentsencouraging social capital investment in railway industry, and hope that through theintroduction of social capital will force change in railway industry.However, in the faceof positive policies of the state, social capital investors are not actively, most investorswould remain hesitant, rarely involved in investment, even if a small amount of socialcapital investors to invest the railway construction field, rarely succeed.The mainreason for this phenomenon is the railway industry lack of legal system to protect theinterests of the social capital of investors, especially the lack of scientific andnormative the access system of social capital investment in railway industry.It causesthe social capital investment railway’s channel is obstructed, and improve investmentaccess cost, and increase the investment access difficulty, and it directly from thesource to eliminate the positive social capital investment in railway industry, it is theimportant factors hindering the social capital investment in railway industry.Therefore,the primary problem of the railway industry to attract social capital investment is the construction of scientific and normative the access system of social capital investmentin railway industry.However, the construction of the access of social capital investment in railwayindustry involves conflicts deep.On the one hand, the railway industry needs to beopen to social capital, need to actively cultivate the proper competition subject, tobreak the monopoly of the railway closed pattern, so as to construct the railwaytransport market fair and free competition order, enhance the railway transportenterprise’s profit level and improve the operation efficiency of the whole railwayindustry;On the other hand, based on the particularity of the railway industry, in thereform process of the introduction of social capital investment, we must ensure thesafety and welfare of railway transportation. Therefore, the construction of the accessof legal system of social capital investment in railway requires careful design from theaccess area, access conditions, access procedures and access legal responsibility etc,tobalance the conflict between monopoly and competition, efficiency and safety,for-profit and public welfare.First, the access area of social capital investment in railway industry.The railwayindustry must establish a rational open boundaries,to clear open specific business areasor not to open the specific business field,it need to build access field scientific systemof social capital investment in railway industry.The negative list mode is a feasibleway to the construction of access areas of the legal system of social capital investmentin railway, namely establish off-limits in the specific areas, in addition to allow allbelongs to the scope of the social capital investment.With safety and public welfare asthe judgment standard,we should prohibit the social capital investment the main trunkrailway infrastructure operation field and railway passenger transport business areas,but we should allow the social capital investors to operate passenger transport serviceon the railway line built on their own,Or in a railway line built his own as the startingpoint to operate the passenger transport service.In addition to the above prohibited isallowed to the access of the social capital.Second, the access conditions of social capital investment in railway industry.Access conditions will solve the problem is to allow what investors into therailway industry,it will set a standard for the social capital investors,only to reach thestandards of investors are eligible for investment in railway,otherwise, no investmentin railway industry.Railway enterprises set up and railway business qualificationpermission is two part of social capital investment in railway industry accessconditions,We will be set separately for railway enterprises to set up the accessconditions and railway business qualification permission’s access conditions.On thebasis of the establishment of access system in the field of the restricted area, there aretwo types of enterprises involved in the investment of social capital railway industry,which is a comprehensive railway enterprises and railway freight transport enterprises,because their demand for access indicators are different, so the need to separate setaccess conditions.Railway business qualification licensing conditions also need to setup according to different business type.Third, the access procedures of social capital investment in railway industry.Thesystem is mainly to solve the problem how to invest into the railway industry, it is thefocus of contradictions, access authority will directly face the social capital investors,it directly determines whether the social capital investors into the railway industry.Itsmain contents include access authority determination and power distribution andspecific access procedures established,that is,In the specific process of access, accessauthority has the authority and obligation, as well as the social capital investmentsubject rights and obligation.In the concrete system design, setting the railwayenterprises set up registration access program and railway business qualificationlicensing program, It can realize the administrative control target of social capitalinvestment in railway access procedures, adding the railway enterprises to set upprocedures for examination and approval is not in accordance with the proportionprinciple in the administrative law, also do not have necessary.And qualified for theoperation of the railway business should not be prepositional procedure of theregistration of establishment of Railway Enterprises,we should be set separately forrailway enterprise establishment registration access procedures and the railway business qualification license access program.Fourth, the access to legal liability of social capital investment in railwayindustry.It can guarantee successful implementation of the access rules of social capitalinvestment in railway industry, it is an integral part of the access system of socialcapital investment in railway industry.Its essential elements include the subject ofliability, illegal behavior, damage results, causality and subjective faultetc,responsibility subject includes the social capital investment subject and accessauthority in construction of concrete legal liability system,Because they have differentaccess goal, access obligations, illegal behavior, damage results and the types ofresponsibility,So we should set respectively access to legal liability system of socialcapital investment in railway industry according to the different illegal acts of differentresponsibility subject.In addition, the access system of social capital investment in railway industrycan only solve the problem of investment channel is not smooth and accessdifficulties.Therefore, to realize the policy goal to attract social capital investment inrailway, We need to explore Subject system, pricing system and Public subsidy systemto guarantee the access of social capital investment in railway industry.