Study On The Theory And Policy Of Completing The Highway Agency System Of Construction

Great success has been achieved in the process of testing of agent system for government investment in highway project, but some problems have been remained in some extent. There are administrative interferes by the government to the highway construction, the unsure legal position for the agent company; unworkable rights, obligations and responsibilities of the parties who sign the agent agreement, and the incomplete regulations which are needed urgently to be solved. It is necessary to give the scientific definition for agent system on the basis of further studies. The operating toll highway construction should be included in the agent system according to the characteristics of the highway construction. Thus the highway agent system can be classified into three types:the agent system for highway project invested by the government, the agent system for BOT highway project and the agent system for BT highway project. It is necessary to made sure the rights, obligations and responsibilities of the parties who sign the agent agreement, and determine reasonably and regulate the agent service charge which will be vary useful to get more investment benefits of the highway construction under the highway construction agent system.The theoretical basis for carrying out the highway construction agent system includes the theory of market economy of socialism, the theory of agency and the theory about the characteristics of the highway. Directed by the theory of market economy, the highway construction should be by the market force. Based on the theory of agency, the highway construction agent system should be operated on the basis of regulating scientifically the rights, obligations and responsibilities of the agent parties. The study results about the characteristics of the highway have made sure that government is the only entity who invest and own the highway. It is necessary that the entire highway projects including the highway project invested by the government, the BOT highway project and the BT highway project should be put into the agent system. Under the market economy, the highway construction agent service provided be the company is one of the profit-earning activities. The entity who is carrying out the highway construction as a agency should be a legal company who have the ability to do its duty of the construction as a agency and to take the construction risks other than a non profit earning entity who is unable to take the construction risk. The governmental department can not be the trustor of the highway construction in which the governmental department will perform better the responsibility of the market supervision to the agent highway construction. The trustor of of the agent highway construction should be the project legal person who is established or trusted by the government and take the responsibility of highway construction including the local highway administration, highway construction department and other forms of the project legal person. The state-owned company which perform the duty of raising funds for the highway construction, may also be the trustor. That means three parties including the governmental department; the project legal person and the agent company are involving in the agent highway construction system. A complete agent highway construction system needs to make sure the right, obligations and responsibilities of the three parties in the process of the agent highway constructionWith the eatablishment and practice of the agent highway construction system, the government should strengthen the raletive rules and regulations by liberating the thoughts and transferring the mentality, and change the traditional direct administration into the indirect market supervision under the market economy, and do his duty pefectly.The studies in this paper have got the exellent results but in some areas further more studies still are necessary. The theoretical study on highway agent construction system needs to be further more; the study on the project management overseas needs to be got more; the study on the rights, obligations and responsibilities of the parties who sign the agenthighway construction agreement should be further completed in practice. It is needed to study further in theory the agent highway construction system which will give the theoretical basis for the further completing of the agent system. It is needed to discover the service characteristics of the agent highway construction system which will provide the policy basis for the further completing the highway industrial administration of the agent system. It is needed to research deeply the functions of different levels of governmental department in the administration of the agent service of the highway construction which will benefical to the government who will do their duties better and to promote the coordinate and strainable development of the highway construction.