On Improvement Of Administrative Regulation In Highway Industry In China

The management system of highway industry in China has gone through four stages. Planned economy stage where government was the only investor, Cause-oriented investment system stage where government increased construction funds by broadening the tax channels, tolling system stage where loan fees of investment business model occurred, management rights transfer and joint-stock stage where toll collection came true through the transfer of management rights of road. With the right to operate the road entering the market, government regulatory actions is increasingly important for the healthy development of highway industry. Administrative regulation of highway industry is the inevitable requirement of the principle of popular sovereignty, but also the inevitable choice to solve the negative externalities. Overall, the administrative regulation of highway industry should follow the principle of administration according to law, the principle of reasonable administrative and executive benefit principle.Specifically, this article from the view of regulatory objectives, the regulatory body, regulatory actions and restrict the regulatory authority in-depth analyze the problems of administrative supervision in highway industry. Firstly, the highway regulatory objectives include three aspects:to protect the road itself is public property, playing its economic and social roles,to achieve good, safe, smooth and efficient operation of the highway, to protect the basic rights of highway users, operators, investors from abuse. Secondly, governments at all levels are responsible for highway industry administrative supervision within the area, and specific duties performed by the road management agencies under it. Legal duties of multiple regulatory body is confused and the legal status of the highway enterprises is unclear. Thirdly, executive order is too mandatory, and administrative license is lack of legal basis. Besides, administrative supervision and inspection, administrative penalties and administrative takeovers are all incomplete. Fourth, there are no appropriate regulatory mechanisms to restrict the regulatory authority, leading to the possibility of alienation of it.After that, this paper gives recommendations to solve the problems. First, this paper recommends to establish a system of administrative support person or accredited body to improve the regulatory system. Secondly, this paper recommends to strengthen administrative guidance, to nail down that franchise agreements are administrative contracts, to strengthen the use of administrative punishment, and improve administrative receiver system to make regulatory actions better. Finally, through the improvement of information disclosure system and public participation system to restrict regulatory authority. Governments at all levels should add the specific information of highway to "The government information disclosure directory", and disclose the details of the highway within the area through the government website or all kinds of media to the public. Highway management enterprise shall set up a bulletin board in a prominent position in each toll station. Bulletin board shall specify the name of the toll station, the approving authority, attributes of the highway, enterprises, fees, charges of terms and telephone hotlines. We should improve relevant laws, rules and regulations to clear and refine the selecting procedures of representatives, duties and powers, hearing procedures, hearing results and other feedback.