Study On The Transfer Of Managerial Authority Of Expressways In China

In order to raise highway construction funds, reinvigorate highway assets alleviate fund raising pressure, and learn successful experience from developed countries, china have gradually started the practice and explore on transfer of operating rights since 1990s.According to practical experience, transfer of highway operating rights on condition is one of the effective means to raise highway construction funds .It have some distinguishing features and irreplaceable advantages on reinvigorating assets and collecting construction funds and introducing advanced technologies and management. However, because of uncompleted laws and regulations and been the absence of a complete set of licensed management system, in order to standardized the transfer behavior, it is of great practical significance to further intensified the research of operating rights transfer and analyze the general theory and problems during transfer operation, so as to take effective steps to solve these problems. and stanrdize the transfer behavior in an all-round way.Via different writing methods, this paper put forward some constructive proposal which learn the experience of managerial rights transfer from home and abroad. In the paper, the more suitable frame and lawmaking suggestions have been proposed in order to deal with the problems during the operating rights transfer, so as to further improve managerial rights transfer related law systems and regulations.This paper consists of four parts. The first part mainly about the highway managerial rights transfer theory and the quality of highway operating rights, the transfer of operating rights and transfer agreement. With a comparative analysis between home and abroad, there is a model which suites the concrete situation has been offered. It provides a theoretical foundation for further studies on the transfer of highway operating rights. The second part mainly introduces the development and lawmaking frame of foreign highway managerial rights transfer, summarizes the useful experience and revelation, and so do our country. Part three mainly concentrates on laws and regulations, the supervision of administration, action in detail, etc. The problems in transfer operation have been analyzed. At last, there are some suggestions on the problems which proposed in part three. Especially some concrete lawmaking suggestions have been proposed on how to set up the professional frame of laws and regulations and regulate the transfer behavior. All of these may provide some references on Academic Value as well as our practices.