The Research On The Related Legal Issues Of Chinese Railway System Reform

Railway has been running on our main artery of the country's economy, its transportation and cost advantages are unmatched by other transport modes, particularly for some inland cities, but said the railway has become the lifeline of these cities. However, with the further development of the railway industry, but also exposed a lot of questions need to be resolved, such as: railway of Mixed with the government and enterprises financing, operation mode, has seriously hindered the development of our country railway.Part one : Pointed out that Chinese railway exist currently legal issues, articles from the separation of government from enterprises, the independent entity of the civil establishment of a sound investment and financing system and the railway laws, regulations, etc. For the legal issues currently existence of Chinese railway analysising and combing.Part two : Depth analysis of the current railway legal issues the root, that is the wrong system of government regulation. To economics, the relationship between monopoly and competition as the breakthrough point, the railway industry to property re-positioning of economic ideas, because the entire railway industry has been completely dominated from the original monopoly and the market gradually become part of both, but our country railway regulation law still remain in the stage of complete monopoly, which resulted in the backwardness of the legal regulation of railway development and the situation out of step. For Japan and the United States at the railway regulatory reform review and analysis based on reform the general concep of Chinese railway deregulation, differential treatment.Part three : Major review of the domestic telecommunications and civil aviation reform process , involved from the government to relax regulations and a series of innovative comparison system, analysis, and the successful experience of innovation achieved by an in-depth study, combined with the characteristics of the railway industry, railway reform to look for lessons.Part four : Related on the Japan, Canada, Russia, the three developed countries the process of railway reform, focusing on the recalls the reform of the legal system to find their common characteristics: The reform of insist railway, legal first;to undertake the implementation of public affairs organization independent administative legal system; by the law to clearly define the government's regulatory authority department. In light of the condition of our country based on its successful experience to draw on.Part five : Our country how to use legal means to crack the problem of railway reform .Proposals: Firstly, the railway companies should seize the opportunity to set up a modern enterprise system widely; Secondly, government departments changes the model of supervision; Thirdly, Speeding up and improving the railway legal system.The law is not only the rail boosters, but also the stability of the railway reform , so from a legal perspective, the reform of the railway has a very important theoretical and practical significance.