China’s Highway Concession Legal Issues

With the rapid development of our country’s economy, the demand for the highway is growing. Our country has been exploring methods of the highway franchise by trial and error, in order to comprehensively promote the development of highway construction and obtain more stable and diversified financing channels. So far, it has formed a relatively mature franchising operation mode. Practice has proved that franchise of highway has a positive guiding significance for assets revitalize and flexible use of funds, and it has formed a channels of funds uniquely. However, the defects in franchise legislation link, the ineffective supervision in operating process, and the lack of normative management have caused difficulties in the optimization of investment environment and brought a lot of problems to be solved in the practical management, which have become the main factor restricting the rderly development of the highway. Thus, in the current environment, it is essential to put forward the research of highway franchising management. On the analysis and research of the legislative problems and short boards in the highway franchise, the paper proposes the corresponding solutions and implementation countermeasures, hoping that the research views can provide a necessary support for domestic highway franchising development, and comprehensively promote the standardization and legalization of the highway.This article is divided into four parts. The first chapter is about the conceptual study, which mainly introduces the concept of franchise and analysis of its legal significance, and makes a general introduction to this particular operation mode. The author believes that the legal relationship of franchise of highway in the present can’t be classified as administrative or (?)rolations simply, but it is the organic fusion for different law enforcement system. Chapter Two makes a comprehensive analysis about the franchising of developed countries,(?)lly their legislative experiences, presents the domestic franchise development in the highway management, and points out the typical problems in the current franchise operation. In the third chapter, it highlights the right transfer in the domestic franchise, maintenance of highway construction, government regulation, and other legal problems involved with various aspects. It also gives an analysis from the legislative level and expounds the impact on the franchise after the legislation. This chapter has introduced the access system and pledge conditions of the franchise of highway, supervision and management, public security, protocol dispute. The fourth chapter mainly expounds the legislative ways of franchising, and puts forward some related suggestions and implementation countermeasures for the establishment of legislation system and the legal rights safeguards in franchise.