The Public Interest In The Bus Route Adjustment Procedure

Nowadays the sustainable development is advocated in China , so"the public transport priority"has become fashionable words. The ground public transportation (including buses, cable cars) is the most ordinary transportation mode in the people's daily life. And the main characteristic of the bus riding is that it has the fixed route and stops , so it has a close correlation between the design of the route and the people's convenience. Therefore it is an urgent topic for our government to design the routes that are according with the demand of the public transport priority.According to the correlated laws, the mass transit is the city important infrastructure, and it is the public utility relating to national economy and the people's livelihood. Therefore the bus route adjustment (including route opening, change and extends) must take the public interest as the guidance. As the public interest is an abstract concept , people often have disputes over that what is the public interest in the concrete route adjustment procedure. Both of scholar's literature and the correlated legal rules have not given the explicit implication of the public interest in the bus route adjustment procedure. Thereupon the author use another method to inspect a concrete adjustment behavior that has been manifested as the public interest because of it's legitimacy.1 The author hopes the analysis of the connotation and forming mechanism of public interest in the case can be useful to resolve the dispute and to promote the discussion about the public interest in the bus route adjustment procedure.In order to realize this purpose , the author selected the route opening in Songjiang district as the inspection object according to the legitimacy standard, and carried on the comprehensive inspection from entity and the procedure of the analysis object.In the discussion of the public interest connotation , the author first constructed the theory supposition that is "the public interest is a balance of interests". And then the author analysed the different interest categories and the relation between them. The result of the analysis is the that theory supposition had been proved. The author thought the public interest in the bus route adjustment procedure is a balance of three different interests including the citizen's, the government's and the bus company's interest.In order to analyse the forming mechanism of public interest , the author divided the procedure from the goal value angle , taking the process procedure and the instrument procedure as the two parts .And then the author analysed the actual operation of the instrument procedure and its influence on forming the public interest. The author thought all of the citizens , the bus company and the representatives of Songjiang district People's Congress and political consultative conference have had the varying degree effect on forming the public interest. In conclusion , the author proposed resolution to the dispute over the bus route adjustment. The method is to inspect the procedure instead of the entity. At the same time , the author pointed out there two topics that how to reform the public transport operation system and how to constitute the responding system to the citizen's participation are worth further studying.