Studies Of Public Utilities Franchise Contract System In China

Utilities franchise in the country is a new way of operating public utilities havebeen developed in France, the United Kingdom and the United States. Our utilityfranchise is in the development stage of exploration, whether legislative or law relatedto the relative lack of theoretical research. From the legislation concerned, regardlessof public utilities are not perfect franchise at the central level or local level; law fromtheory, the study of utilities franchise system is not comprehensive enough, especiallyutilities franchise contract Research on the nature of the system and related legalissues are still relatively scarce. Utilities franchise contract as the primary means forthe government to exercise the executive powers of public utilities, is based on therights and obligations correctly handle the relationship between government andbusiness entities of public utilities. It is not only government regulation basedenterprises, but also the municipal utility companies based on the Government’s rightsadvocates. Fair contract entered into between the parties choose the appropriate soundcontent of the contract, contract disputes be resolved smoothly, will affect thefinancing national utility building and reduce the financial pressures affecting theoperational efficiency of public utilities, affecting public utility services quality.This article related to the basic concept, define the utility, franchise, meaning ofutility franchise contract; analyzed the academic nature of the franchise contractutilities view that it is a civil contract between the executive and the dual nature of thecontract; combined with China’s laws, the principal utility concession contracts,content, change, lifting, breach of contract and other legal liability issues andexamples of theoretical analysis; through analysis of relevant legislation found thatlow levels of public utilities legislative effect franchise, too narrow main contract,contract government too much power and not enough legal norms, the disputesettlement mechanism imperfect; against the problems in our legislation should bemade to improve the legislative level, expand the utility franchise opposite party,balance administrative recommend the right side of the authorities and the opposite for the two sets of dispute resolution mechanisms in order to better promote the utilityto run the franchise contract system in our country.