Expressway Toll Free Holidays Thinking Jurisprudence

Since the holidays our toll-free highway policy implementation tremendous socialimpact, our government through the Ministry of Transportation forwarded free of tolls on thehighway holidays approach, the community issued a high-speed toll collection offers news.Because of China’s highway quasi-public product attributes, divided highway toll and non-tollhighway, but mostly by motorway toll highway operating companies through their own assetspledged to banks’ loans to build roads, loan fees,"based on In this case, our governmentallows enterprises freeway highway ownership does not change the situation, within theperiod stipulated in the contract, its investment in the construction of highway tolls levied.Highway tolls levied on enterprises is in line with the law, our government businessenterprises to develop highway toll rates for approval approval to impose highway tolls arefair and reasonable to provide protection. According to the relevant regulations of the Statemacro-control law, the right to use public power to force the government to interveneeconomic development, but this forced intervention is a prerequisite for economicdevelopment, economic development is uneven or want to appear self-regulation of themarket is difficult issues, the phenomenon of illegal occurred, etc., our governmentintroduced the policy interventions highway tolls levied on enterprises holidays, public powerto force the government to intervene performance of highway toll, but this approach was notlawful and reasonable basis. Due to the low level of economic development, highway tollslevied generally, however, the highway is still a free country highway development goals, inorder to achieve this goal, China’s reform and highway tolls levied on stage preferentialmanner approach is feasible, highway toll free holiday is just the beginning concessionsreform.This paper uses a dialectical analysis, empirical and normative research methods, firstdescribes the main highway highway tolls levied on enterprises as required by law, holidaysfree policy to deprive its toll levied, leading to the highway enterprises operating imbalance ofrights and obligations; Second, the government macro-control means to interfere with the useof highway tolls levied, should be established in a lawful and reasonable basis, rather thandirectly using a command, means economic development policy interventions; Finally highway holidays toll free implementation of the policy ignored the gross disparity highwaytolls levied East and West China, is a free highway holidays affect actual operating westexpressway enterprises, as well as more serious cause some remote areas, through theholidays Freeway traffic increase traffic to make up for losses caused by less profitable way,facing bankruptcy.Highway tolls levied contribute to the development of China’s reform and highway cause,but this approach to reform should comply with the national macro-control law on thehighway ventures and the balance of rights and obligations of vehicles based on both the eastand west of the high-speed Highway tolls levied on the total gap between reality andformulate the basis of compliance with the laws of market economy and China’s economicdevelopment level and aspirations of the citizens. As a quasi-public highway products, withproduct attributes, which determines the development of highway tolls shall comply with thelaw of development of the market, the government simply advocate the following sevenpassenger motorway toll free holiday, ignore the highway as market attributes of goods, is notconducive to the development of the highway industry.China’s highway tolls levied by the highway concessions should be developed accordingto the requirements of independent operating companies and the law of market economy, it isnecessary requirements are balanced rights and obligations of market development.Government regulation highway tolls levied, should fully respect the provisions of themacro-control and highway toll collection rights and our legal highway operation ofenterprises, on the basis of compliance with the laws of the market economy on the highwaysupervision of enterprises toll rates on the development and collection of tolls, avoidhighways enterprises using highway tolls levied on concessions unfair competition, protectionof the good cause of highway development. Meanwhile, the reform of highway tolls levied bythe government should be concerned about the gap between east and west China highwaytolls levied on both focus on the east-west highway in line with policy development, and ithelps reduce the distance east-west highway cause.