Theory On The Road Toll Pledge

With the diversification of economic development,more and more financial loans,appears in order to solve the difficult problem of corporate finance,road toll right pledge came into being.The road toll pledge enrich the forms of security,but in actual use,because of imperfection of the relevant laws and the uncertain of the registration authority,it is often difficult to achieve the purpose of fulfilling debt guarantee.This paper is divided into four parts.The first part is mainly about the definition and legal analysis of the road toll right.Road toll right is a kind of administrative right.The toll roads in our country are divided into two types,namely,the government toll road and the concession Road,so the toll right of the road is divided into two kinds.Because of its administrative,China's road toll fees,charges and objects have strict requirements,these provisions are affecting the road toll right pledge.The second part mainly analyzes the legal principle of the pledge of toll right of road.The normative legal documents of the pledge of toll right of road in our country are not many."Security law","Property law" does not have a clear provisions on the pledge of road toll rights.The measures for the registration of pledge of accounts receivable concerns just a little.On the legal nature of road toll right pledge,at present there are two main perspectives,namely the usufructuary right guarantee theory and credit guarantee theory.My view is: first,collect fees highway right pledge in nature,should belong to the property security and pledge,but not inhuman policy;second;road toll right pledge should be different from the pledge of accounts receivable;third,highway toll right is a right with qualitative.The third part is mainly about the existing problems of the pledge of the road toll right in our country.China's current road toll right pledge from the following problems: the main provisions of the relevant laws and regulations are not perfect,and the realization of the right of publicity of pledge problems existing problems.The fourth part is about the way to deal with the problem.In our country,it is applicable to the principle of common law countries to apply the guiding ideology of the realistic doctrine of the common law system to regulate the pledge of the highway toll right.As for the specific way to deal with the problem,our country should unify the legislation,and the realization of the right of publicity of pledge,specific provisions.