On Legal Regulation Of Toll Of Expressway In China

Along with the progress of the science and technology and transportation, the highwayenterprise has made faster development in our country. At present, the government fiscalinvestment alone cannot fundamentally solve the problem of highway construction funds,therefore, by charging highway tolls to construct the roads have been received by the socialfrom all walks of life. But, with the development of the times, the controversy from the socialfrom all walks of life to the highway should charge or not hasn’t stopped. And in the practiceof highway toll system there are many problems, it also makes disputes become more intenser.This article from the perspective of administrative law, combining with management andother disciplines’ relevant theory and refer to the multiple cases in reality, try to research onthe problem of the highway tolls, and use the means of administrative law to regulate so as tofinally solve the problem effectively and realize the benign development of expressway toll.The main body of this article consists of the following five parts:The first part, the problem of lead. This section in the beginning directly pointed outmany serious problems the current existing of our country highway fees, and listed the mainproblems. Coupled with the current cases in practice, described some of the major problemsof expressway tolls specificly to lead to the problems, in order to later regulation on theproblem of the highway toll benign regulation organically.The second part, the rationality of the highway tolls. This section demonstrates thereasons of the existence of the reality of debate that highway tolls should cancel or not, andthrough the behavior of the expressway toll collection legal status and study of the legalnature of highway tolls, combined with the judgment of related discipline knowledge,affirmed the rationality of the highway tolls should still exist the current in China. At thesame time, studied the highway tolls on China’s social and economic effect can furtherconfirmed the inevitability of the highway tolls should still continue in China.The third part, the legal regulating of the violation charge. This part is the focus of thisarticle. First state the major problems of highway tolls which exsists the inflating chargesphenomenon in our country, and then combining with the basic theory of administrative lawto seek effective measures to eliminate the phenomenon of violation charge. Affirmd the power of combination of regulation about the regulation of illegal charges from two aspectsadministrative authority and the public to achieve elimination of violations.The fourth part, reasonable charging standards. This part also is the focus of this articleargues. It will discuss the focus which shifted to another major problems of expressway toll-non-standard charge. First is to argument the major problems of charging standard, and thenincorporated the operation of the administrative power into the highway toll managementactivities, with the method of administrative law regulation and adjustment of the expresswaycharge standard, makes the standardization of the charging standard come true.The fifth part, conclusion. Epilogue part probe into the root which cause of manyproblems of the expressway toll collection is that the legal norms of freeway tollingmanagement system is not sound, request to solve the problem of the absence of laws andregulations, and realize the healthy development of the highway.