Highway Research State Ownership Problem

Ownership is a critical right in the property law, playing an importantrole in society. Traditionally, the ownership is divided into three parts,including state ownership, collective ownership and private ownership.Property Law which is promulgated in2007establishes this classificationin the form of legislation. As public infrastructure, road belongs to thestate and the law establishes the state ownership patterns.Road belongs to the state in order to safeguard the public interestand the public welfare of the highway. However, state ownership patternsgenerated controversy in the theory and practice. And the subject existsome limitations. Thus, the ownership pattern can not play a good role.This article is divided into four parts to study the issue of roadownership. The first chapter makes a brief analysis about ownershippatterns of the highway. It analysis The legal property of the highway、the production of national legal personality and the characteristics andconnotations of ownership patterns of the highway. This section has a briefanalysis of the basic problems and we have a basic understanding pavingthe way for the following analysis.The second chapter elaborates several typical road ownership patternsand analyzes through the examples. There are three models: road ownershipfranchising mode、three levels of government ownership patterns and levelsof government ownership patterns. The three models were analyzed throughFrance, the United States and the British model. It discusses every modecharacteristics and practical operation and gives the evaluation.The third chapter makes the analysis of legal relations and current situation of road ownership patterns. First, this paper introduces theprovisions made by our laws on the highway ownership, including propertylaw and the Constitution. And it illustrates the conflict between therelevant laws. Second, this article analyzes defects from the three aspects:the principal of ownership、the object of ownership and the content ofownership.The fourth chapter makes recommendations for the highway ownershippatterns. First, public law legal persons become owners who really enjoythe Highway ownership. It introduces the public law legal system and theadvantages of this mode. Second, introduces the restrictions combined withpublic welfare when the government exercises ownership.