Operating Highway Tolls Contract

Regarding the legal relationship between expressway operators and expressway passers-through, among judicial circles of our country, some think it is the contractual relationship while some think it is the tort relationship. I think this should be the Operational Expressway Passage contractual relationship. My research methodology has combined theory and reality together. In addition, to conduct systematic research on this kind of contract, I have used five parts: foreword, the outline, the rights and the obligations, the contractual liability and the Concurrence of Liabilities. I hope this research can be useful in defining legal principle, enriching contract law theories, improving legisladon and developing expressway business in our country.The Operational Expressway Passage contract refers to the agreement between expressway operator and expressway passers-through which states expressway operator will provide the expressway and expressway passers-through will go through this expressway and pay for the tolls. The legal characteristics of this contract is as below: First, contracting parties are expressway operator and expressway passers-through; Second, the objective of the contract is the right to go through the operational expressway; Third, this contract is for those continue to supply and continue to use; Fourth, at present, government will set the price for operational expressway toll; Fifth, in general, the Operational Expressway Passage contract is a practical, bilateral, considerable and in-formal contract After comparative analysis on government loan-repaying expressway and operational expressway in terms of toll collecting body, toll purpose, application of law etc, it is proved that government loan-repaying expressway does not have the passage contractual relationship.