A Study On The Integrated Transport Legislation In China

Based upon the various concepts of integrated transport or comprehensive transport contained in the domestic and foreign academic literatures,the integrated transport is defined in this dissertation as a transport system consisting of the various modes of single transport by waterways,highways,railways,air and pipes and transport terminals which takes into consideration of the exploitation and use of the land and other resources,the protection of ecological environment as well as urban planning.In the modern time,integrated transport has become an indispensable part of the economic and social development in China.A perfect integrated transport system can not only provide the society with convenient,efficient and safety transport services,but well coordinate the exploitation and use of the land and other resources,the protection of ecological environment and urban planning,and thus promote and ensure the healthy and sustainable development of the national overall economy.The Eighteenth National Congress of the Communist Party of China put forward to comprehensively promote governing the State by virtue of law and that governing by law is the basic way of governing the State.Governing by law is also a powerful means to promote and ensure the development of integrated transport.The law on integrated transport within the scope of study in this dissertation regulates the specific and vertical social relations arising from the integrated transport activities including those arising from the participation and intervention of the State and governments in the integrated transport under the socialist market economy in China.Consequently,the law on integrated transport shall establish all necessary legal regimes for the purposes of promoting and ensuring the integrated transport to provide convenient,efficient and safety transport services for the whole society,to bring the healthy and sustainable development of the transport economy and to serve the national integrated economic and social development.The development of the integrated transport and the laws governing the integrated transport relations are currently at the initial stage in China.Currently,the law on integrated transport is mainly in the form of laws regulating the various forms of single transport,transport terminals and a small number of multimode transport legal provisions.Such a regulation mode and degree is unable to meet the comprehensive,systematic and holistic development needs of the integrated transport both at the present stage and in the future,unable to provide a complete legal basis for the construction,operation and development of the integrated transport system in China,affecting or even hindering the development of the integrated transport and thus affecting the healthy and sustainable overall economic and social development.Based on the actual situation of the integrated transport system in China,and taking into consideration of the requirements for reasonable and overall arrangement,organical integration and harmonious development of integrated transport,the connection between the integrated transport system and the related factors of the exploitation and use of the land and other resources,the protection of ecological environment and urban palnning etc.,this dissertation deeply analyzes the prevailing legal provisions for regulating the various modes of transport and transport terminals in China with the conclusion that currently the law on integrated transport is not conductive to the development of the integrated transport.Meanwhile,based on the theories of jurisprudence,legislation,economic law and systematics,and the current laws of regulating the various modes of transport and transport terminals,and by reference to the advanced foreign legislations on the integrated transport,this dissertation analyzes and proposes the fundamental theory of the integrated transport legislation including the subject-matters of regulation,purposes,values and basic principles of the law on integrated transport as well as the relations between the law on integrated transport and other laws,and then demonstrates the necessity and feasibility of making the Law on Integrated Transport in China in the future,the system of its legal regimes and the main content thereof as well as the mode of legislation to be adopted in formulating the Law on Integrated Transport in order to provide theoretical support for the further theoretical research on the law on integrated transport and for formulating the Law on Integrated Transport.Besides the foreword and conclusions,the dissertation consists of five chapters.The foreword introduces the background,theoretical and practical significance and main content of research,the status of the related researches and the literature review,and the research methods.Chapter 1 is about the necessity and feasibility of integrated transport legislation in China.The integrated transport legislation in China is necessitated by the rapid development of integrated transport and the lack of sufficient and appropriate statutory provisions governing the integrated transport and the deficiencies in the current laws regarding the integrated transport from the perspectives of the system of laws,regimes and the contents in law,and thus the current law cannot fit for the comprehensive,systematic and holistic features of the integrated transport and satisfy the rapidly development of the integrated transport,which necessitates the formulation or improvement of the system of legal regimes governing the integrated transport by making the Law on Integrated Transport.The feasibility of integrated transport legislation in China lies in that a preliminary legal basis has been formed by the current laws regulating various modes of transport and transport terminals for the making of the Law on Integrated Transport,that favorable policies concerning the development of the integrated transport law and the establishment of the system of legal regimes are being emphasized by the State and the governments,that the foreign integrated transport legislation can provide empirical reference and that the legislative organs are paying more attentions to the legislation on the integrated transport.Chapter 2 is about the fundamental theory of the integrated transport legislation in China.The definition and the subject-matters of regulation of the law on integrated transport are put forward by reference to the fundamental principles of the economic law.The objective values of the law on integrated transport are analysed by use of jurisprudence,economic law and philosophy of law.The purposes of the law on integrated transport are expounded from the perspectives of establishing and maintaining the order of integrated transport economy,establishing the integrated transport legal regimes that will meet the needs of the national overall economic and social development and safety,realizing the government's macro-control on the integrated transport economy and ensuring the sustainable development of the integrated transport.By reference to the achievements of legal researches and considering the features of the integrated transport legislation,the author expounds the general principles and special principles of the law on integrated transport.The author puts forward the framework of legal regimes of the Law on Integrated Transport in China in the future consisting of the kernal regimes and the supportive regimes,and analyses the mode of programmatic legislation to be adopted in formulating the Law on Integrated Transport.Chapter 3 is about the kernal legal regimes of the law on integrated transport in China.The author points out that the kernal legal regimes of the law on integrated transport in China shall consist of the governmental administrative regime,the planning regime and the market-regulating regime of the integrated transport,and demonstrates each regime separately.With respect to the governmental administrative regime of the integrated transport,based upon the meaning of this regime,the significance of this regime is analyzed from the perspectives of the need for strengthening the governmental administration and for ensuring the scientific administration on the integrated transport and the administration by law,and meeting the high requirements of integrated transport administration.Secondly,by using the methods of management,systematics and comparative studies,the author puts forwards suggestions on how to improve this regime in China from the perspectives of the establishment and functions of the integrated transport administrative departments.With respect to the planning regime of the integrated transport,based upon the meaning of planning and integrated transport planning,the significance of this regime is analyzed from the perspectives of the development of integrated transport and the need for improving this regime.Secondly,by use of the method of comparative studies,suggestions are put forward on how to establish this regime in China from the perspectives of preparation and approval of plans,planning evaluation and public participation.With respect to the market-regulating regime of the integrated transport,based upon the meaning of the market-regulation of the integrated transport,the significance of this regime is analyzed from the perspectives of the statutory rules of market entrance,market order and market macro-control.Secondly,by use of the methods of economics and comparative studies,suggestions are put forward on how to establish and improve this regime in China from the perspectives of market operators,market order and market macro-control.Chapter 4 is about the supportive legal regimes of the law on integrated transport in China.The author points out that the supportive legal regimes of the law on integrated transport in China shall consist of fund-supporting regime,universal service regime,safety ensuring regime,information-sharing system and environmental protection regime of the integrated transport,and demonstrates each regime separately.With respect to the fund-supporting regime of the integrated transport,based upon the meaning of integrated transport funding,the significance of this regime is analyzed from the perspective of the needs for integrated transport construction and development,integrated transport funding and rational allocation.Secondly,suggestions are put forward on how to establish this regime in China from the aspects of fund providers,financing channels and necessary supporting policies or incentive policies.With respect to the universal service regime of the integrated transport,based upon the meaning of this regime,the significance of this regime is analyzed from the perspectives of meeting the needs for the public interests and legal protection.Secondly,by using the method of comparative studies,suggestions are put forward on how to establish this regime in China from the perspectives of the implementing body,regulatory body and regulatory contents.With respect to the safety regime of the integrated transport,based upon the meaning of this regime,the significance of this regime is analyzed from the perspectives of the protection of integrated transport service supply,safety of lives and properties of the public.Secondly,suggestions are put forward on how to establish this regime in China from the perspectives of integrated transport service supply and safety use of the service.With respect to the information-sharing regime of the integrated transport,based upon the meaning of this regime,the significance of this regime is analyzed from the perspectives of the development of the integrated transport economy,protection of the rights and interests of the integrated transport operators and consumers and the requirements of governmental administration.Secondly,suggestions are put forward on how to establish this regime in China from the perspectives of the principles,methods,specific requirements and relief mechanisms.With respect to the environmental protection regime of the integrated transport,based upon the meaning of this regime,the significance of this regime is analyzed from the perspectives of ensuring the development of green transport and the principle of safety and inclusiveness.Secondly,by using the fundamental principles of the environmental protection law and sustainable development,suggestions are put forward on how to establish this regime in China from the perspectives of rational utilization of resources and protection of ecological environment.Chapter 5 is about the proposals of formulating the Law on Integrated Transport in China.The author opines that the law on Integrated Transport should be in the form of programmatic law and proposes the main contents of the Law and demonstrates the connection between the Law and the current legislation from the perspectives of legislative level,contents of legislation and text structure.The main contents of the Law shall contain the general provisions,the governmental administrative regime,planning regime,market-regulating regime,fund-supporting regime,universal service regime,safety ensuring regime,information-sharing system and environmental protection regime of the integrated transport,legal responsibilities and supplementary provisions.As conclusions,the author summarizes the main points of view in the dissertation.