Research On Legislative Regulation Of Franchise Rights Of Public Utilities

In the background of welfare and payment administration,the traditional regulation-centered administrative management mode has been broken,and social participation governance mode adapted to the development of the times springs up,also with the private participation being introduced into the implementation of administrative tasks,privatization becomes the usual practice for the government to complete the administrative tasks in private law.Privatization was started inBritain and now has been promoted over the world.There are numerous reform measures in privatization,in which Public Utilities Franchise is an important form,having years of development history in China.It has achieved significant success in alleviating the financial pressure of the government and improving the quality of public goods and services.However,owing to the different respective rights,obligations and interests among the administrative subjects,the franchisee and the public(consumers),it is indispensable to strengthen legal regulation to deal with the conflicts among various subjects,as well as other problemsin practice.This paper is to discuss the development and perfection of franchise system in public utilities field in China in the background of privatization reform.Firstly,it analyzes the theoretical basis and nature of Public Utilities Franchise Rights,as well as the legal relationship between the relevant subjects.Secondly,it discusses the legislation and system of Foreign Public Utilities Franchise and expounds the system of our country from two aspects,which are legislation and practice,and in practice,adopting empirical analysis method and taking the examples in typical utility field to make further analysis.Finally,it discusses the legal regulation of franchise rights of public utilities in China and puts forward some concrete proposals.In the legislative level,the "Public Utility Law" should be formulated,and the procedures and contents of the existing laws,regulations,rules and policy documents should be improved;on the establishment of regulatory institutions,it is indispensable to set up anindependent regulatory bodyand reasonably divide the functions of the existing government agencies;and in the course of operation,we should attach great importance to the status of the franchise agreement,regulate the granting of franchise rights,the signing and theimplementation of agreements and other relevant systems,and also strengthen thesupervision of franchising enterprises,as well as perfect the protection and relief system of the rights of the administrative counterpart and the stakeholders.