Highway Industry In China Economic Relationship Between Administrative Law And Countermeasures

Highway industry is the basic industry of modernization drives in our country. The development of highway industry can improve national economy. The development of highway industry cannot achieve without administration of highway. Administration of highway includes economic administration of highway, martial administration of highway and traffic safety administration of highway and so on. Economic administration of highway is decision, organization, manage and regulation in highway which administrative organ or administrative machinery exercise. It runs through planning of highway, building of highway, maintaining of highway operating of highway, applying of highway and administration of highway. The relation of administration of highway is the sciocal relation of highway in the course of realizing administrative function by the body of economic administration of highway. Economic administration of highway industry turns to legal relation of economic administration of highway after regulation by the law of highway. The development of highway industry, the multielement of investment, the diversification of the system of organization and the profit-making,non-profit-making make the relation of administration of highway complicated. This complication leads to complication of legal relation of economic administration of highway. There is fuzziness in the rights and duties of the body of economic administration of highway, because the legal system of highway is not perfect. So the rights and duties of the body of economic administration of highway cannot inconsistent, relative person is at a loss as to what to do. So much so that the rights and duties of the body of economic administration of highway cannot inconsistent in the administrative lawsuit. The central point at issue is indeterminacy of the rights and duties of the body of economic administration of highway.In order to carding the relation of economic administration of highway, definiting the rights and duties of the body, this paper analyses 484 laws and regulations. There are indications that determining qualification of the body of economic administration of highway is a prerequisite to solve this problem, protecting rights and interests of relative person is endurance to solve this problem, protecting property of highway and defending right of highway to improve the economy of highway industry is the goal. In order to clear the relation of economic administration of highway in theory and practice, we must perfect legal system of highway, enhance administration according to law and strengthen legal mentality, to form fine legal atmosphere.