| With the socio-economic development, the benefit nation model has not adapt to the development of the times. Nowadays the government in order to be able to extricate yourself from heavy discharge of supply responsibility, prefer to transfer public tasks to the private sectors through franchises to run. But that does not mean that the government can walk away from the public tasks. On the contrary, the government must change its role to adapt to the guarantee nation model in place of the benefit nation model. And the supplementary responsibility is the most primary responsibility of government for the guarantee nation model. So-called supplementary responsibility, scholars also known as the "potential responsibility", as the name suggests, is mainly in order to avoid a public task will not appear deviation, and requires the government to assume a borderless realm to undertake the responsibility. That is, if the private sectors in the process of utility operations problems, the government must take a series of supervision and regulation measure. It is necessary to have a responsibility to choose to terminate the seriousness of the situation based on individual operators or to intervene in order to protect the interests of consumers and the public interests. Statutory, supplementary and compulsory are basic characteristics of the supplementary responsibility. Meanwhile, the supplementary responsibility of the government has a profound legal basis, including:"principal-agent" theory, the principle of public interest and social rights of the citizens. From an academic, scholars are divided the supplementary responsibility of the government into two specific responsibility:the responsibility of taking over and the responsibility of relaxing pressure. In practice, in order to better implement the supplementary responsibility of the government, we must balance these three contradictions:the interests of consumers and franchisees, strict statutory and discretionary, substantive rules and procedural norms. And we must construct the corresponding system. Generally speaking, I believe that these systems should include:the temporary subsidy system, the temporary taking over system, as well as the right to relief system. Comparing China’s actual situation, it is not difficult to find, the reforming of public utilities privatization has started, but the relevant legislation for the supplementary responsibility of the government is inadequate, and related systems lag far behind. First, whether the government should take the supplementary responsibility or not, the law is not clear. Second, there are various problems about system designing of the supplementary responsibility of the government. The series of questions led to many problems in practice, damage the interests of the franchise, national interests and public interests. Besides they also constraints of the reforming of utilities franchise. Therefore, it is necessary to take measures to change the status quo, I believe that the relevant measures should include at least the following aspects:First, modify the provisions of Article67of the Administrative Licensing Law to make it clear that the government must take the supplementary responsibility; Second, to speed up utilities the legislative process of the law, the harmonization of the supplementary responsibility rules and norms, to really establish and improve China’s the temporary subsidy system, the temporary taking over system and the rights remedy system. |
