The Research On The Transfer Problem Of Rights And Interests Of The Toll Road

Since the 1990s, the transfer of the rights and interests of toll roads has seen significant development on the background of the investment and financing system reform;it not only alleviated government's pressure of serious shortage in highway building investment funds,but also dramatically improved the social capital's activity in highway building investment.The transfer of the rights and interests of toll roads takes incomparable advantage in raising highway construction funds and introducing advanced administration experience and so on.But because of the not so long time development,distempered related law and regulation, the transfer of the rights and interests of toll roads encountered many problems in practice,the outstanding are improper use of transfer model,unreasonable transfer price,and inefficient supervision of transfer. Therefore,it is necessary to do further research on the transfer, and propose specific measures to improve and perfect the practice of it.Taking property rights theory, contract theory, regulation theory as a logical starting point,this paper clarifies main content of the transfer of rights and interests of toll road,through analyzing the basic transfer mode,value assessment methodologies and government regulation, probe into genesis of the transfer process of rights and interests of toll road, put forward countermeasures that can perfect the transfer. This thesis deems,to solve the existing problems,we must take the following measure:firstly, regulate transfer mode of the transfer, secondly, definite benchmark floating rates as price-float range of transfer of the rights and interests of toll roads,and determine the transfer price of the toll roads by benchmark floating interest rate,thirdly, establish three level supervision system for the transfer which is based on government supervision,mutual supervision and social supervision, fourthly, breed secondary transfer market of the toll road. Finally, by case studies method, the transfer valuation mode which is based on introduction of benchmark floating interest rate presented above was validated.