The Study On Public Utility Franchise

This article deals with public utilities franchise ("public utilities franchise"here in after), which refers to the right, in relevant laws and regulations, granted by governments, permitting the operators providing public goods and services within the boundaries and certain time period .In the analysis of theories of the nature of public utilities franchise, the author classifies public utilities franchise as the real right in Administrative law. On this basic, the article investigations the systems of this franchise granted, protection and government regulation, and makes recommendations accordingly. This article argues that the system of public utilities franchise granted is formed by two parts, which are the methods granted and the forms granted. We should use diversity Market-oriented approaches as the methods granted , rather than stick to the methods of bidding and auction. And we must use licenses to determine the legal status of the franchisees. The system of protection focuses on establishment and improvement of the principle of faith protection in the protection of public utilities franchise. When franchise is recovered by government, the government should make appropriate compensation based on the principle. The implementation of public utilities franchise needs an effective system of government regulation. And the system is composed by a scientific monitoring system, an independent regulatory body, effective monitoring techniques and the extensive public participation.