Administrative Law Analysis Of Temporary Takeovers In Public Utility Franchising

With the gradual development of public utilities in China,the franchise has become the main business model of the public utilities,the government in the franchise in the regulatory role is even more important.In view of the protection of the public interest,the temporary takeover of public utilities franchise as a manifestation of the administrative responsibility of the government has its own rationality and necessity.However,in practice,due to the temporary conditions of China's temporary take over the set is too broad,there is no clear provisions of the takeover process,leading to the government in the temporary takeover when the lack of legitimacy,there is a certain degree of abuse.When emergencies jeopardize utility operations,the government often ignores regulatory means to encourage franchise operators to improve,but to implement temporary takeover to solve.The abuse of the temporary takeover power by the government not only hinders the process of privatization of public utilities,but also infringes on the franchisee's autonomy and property rights.As the practice of the government temporarily take over the controversy arrogant,so the temporary take over the legal characterization,the establishment of clear authority,start the standard clear,the implementation of the program has great theoretical and practical significance.This paper is based on the problems that exist in the government's temporary takeover as the research object.First of all,the temporary take over with the administrative punishment,administrative levy and other specific administrative behavior of comparative analysis,I believe that the temporary take over the administrative even if the mandatory characteristics of a mandatory,real-time,temporary and transitional characteristics,is the administrative body in order to maintain the community Public interest,to ensure the continuity and stability of the public,in the private sector due to objective reasons or subjective reasons can not provide normal public services caused by the public interest is damaged or threatened,in order to avoid or resolve the public crisis to take immediate mandatory reception And management behavior.Second,China's public utilities franchise as a temporary administrative measures,according to China's introduction of the "Administrative Enforcement Act" in 2011 should be set by the law or administrative regulations,and the current temporary access to the legal documents are mostly departmental regulations Local laws and local government regulations,which do not have the legal authority to set uptemporary takeover,and that the establishment of a temporary takeover is not comprehensive enough.The conditions of temporary take over is also the emergence of local non-uniform,start the standard "emergency" that the standard fuzzy,"public interest" within the scope of unclear,which will undoubtedly cause the administrative body has excessive discretion,easily lead to temporary take over abuse.And the administrative decision of the main body to take over and put into practice in the legislation is the lack of corresponding provisions of the public participation and information disclosure is not high,leading to the receiver and the interests of stakeholders in the interim takeover process more vulnerable damage.This paper argues that the problem of temporary overhaul of public utility franchise is the establishment of the problem,because our current legislation does not have a complete legal or administrative laws and regulations for public utilities,resulting in the establishment of a temporary takeover of public utilities franchise And the fundamental solution to this problem lies in the development of a "public utility law" as soon as possible,at the legal level of public utilities franchise temporary take over the system of provisions.Secondly,the solution to the problems such as the temporary takeover of the public utility franchise is simple and the procedure is simple.The solution to these starting standards and implementation procedures is specific and detailed,weakening the discretion of the administrative organ and strictly implementing the public participation and information Open,really play the role of the hearing,making China's public utilities franchise to take over more and more perfect.