A Study On The Legal System Of Licensing Of Public Transport Industry

Public-private partnership refers to a way to carry out administrative tasks on the premise of both sides' willingness to fulfill their public tasks and make use of their respective advantages with the private sector in order to complete public tasks.The two sides cooperate on the basis of sharing risks and sharing resources together.In the rapid economic development China,public-private cooperation is undoubtedly the best mode of government management of public utilities,but the administrative law in the traditional sense has insufficient public-private cooperation smoothly escort,and most of the existing research is from a macro point of view of public-private cooperation research,only a few scholars to analyze through the specific industry franchising,is a typical mode of public-private cooperation,so this will be through the bus franchise this perspective,analyzes the existing legal problems and puts forward some suggestions to solve.The reform of China's public transport industry has gone through over thirty years of practice,and the results have been different.Some areas have been successful,but some areas have failed.Successful business model can be found in most area can be adjusted to give full play to the role of the free market,the government in full range of macro point of supervision of total quantity and the price of the bus,the bus industry legislation is comparatively perfect,the development prospects of the government is responsible for the planning of transit service,mandatory provisions by laws and regulations to coordinate the interests of all parties,complete functions,reasonable price,public satisfaction.In practice,more is the failure of the reform,so in order to improve China's legal issues of bus industry franchise,I summarized the reform experience of foreign franchise,such as Britain,Germany and France,although each country has its own special circumstances,but can be found there are a lot of common place worthy of our learning,they have perfect legislation as a support,the administrative procedures and strict regulations on the full range of government supervision,investigate through practical experience and the current regulation on three,we can get some enlightenment,which need to improve the franchisinglegislation as a support,and improve the regulation of administrative procedure strict government regulation in order to ensure its smooth operation.Comprehensive domestic situation and foreign development experience,summed up China's bus industry franchise needs to be improved from the following points: first,the establishment of laws and regulations and improve the bus service,the macro to establish our country's "public-private partnership law" or "public service law",specifically formulated the "city bus service law";second,improve the bus franchise procedure system,from two aspects of government departments and private departments of regulation;third,improving government supervision measures,establish the relatively independent regulatory agencies and the corresponding accountability mechanisms,to achieve the government scientific and reasonable follow-up supervision.