Study On Issues Of Highway Franchising

As an important transport infrastructure, highway plays a very prominent role in the national economy. With the rapid development of highway, the traditional single government investment model has been unable to meet the demand of China's highway construction. Therefore, in recent years, our government has introduced a series of policies to encourage private capitals to invest in highway construction and management. Through practice, highway franchise has been proved to be an effective way to promote virtuous circle of funds. However, in China, because of the defect of the current legal system and non-standard operating process, the development of highway franchise has encountered many difficulties. Now the government has begun to formulate and perfect the legal system of highway franchise. So at present, to do some research on highway franchising legal issues is necessary and meaningful.In this paper, the author introduces the economic characteristics of highway and the franchise development in highway area. Through some cases, the paper summarized the development status of Chinese highway franchise system and the subsistent problems. By comparing related literature at home and abroad, the author believes that a major obstacle to China's highway franchise system is the inadequate legal system of this field. So how to establish a stale and operable franchise legal framework is the fundamental precondition for effective implementation of highway franchise system.This paper is divided into five parts. Part one describes the background and significance of the research on highway franchise, and introduces and compares the related research at home and abroad. Also in this part, the author presents writing idea and the paper structure. Part two summarizes the economic characteristics of highway and introduces Franchise Theory. By comparing the current domestic road law and the relevant academic controversy, the author describes the legal definition of highway franchise. In part three, this paper summarizes different problems in highway franchise from the legal nature of the franchise contract, legal protection of highway franchise stakeholders and the function of government departments. Part four analyzes the flaw reasons of highway franchise system. The author believes that in China lack of a sound franchise legal system is an important obstacle. Meanwhile, the author also points out that because of large funds, long cycle and covering different interest groups, highway franchise system naturally has some flaws, such as incomplete law in this field, incomplete franchising contract, and the difficulties to get balance between different interest groups. So in the process of building Chinese highway franchise legal system, it is meaningful to regard the above factors. Finally, in part five, the author summarizes the above analysis and makes some advices to improve our highway franchise legal and regulatory system.