Management To Evade The Behavior Of The Highway Tolls Legal Thinking

From the eighty’s, with the rapid development of China’s national economy and the rapid increase of car traffic, high-speed highway rapid development. The highway construction in our country from financing to construction to management, mainly depends on local. The road highway, charges, maintenance and service management is also a kind of regular, concrete, multifarious activities, could not only by one level management. This created the national highway management system of confusion, also direct influence management to evade the highway tolls legal effect. In China’s current highway especially expressway management system, on the one hand, the government highway department is responsible for the management of the government function, and bear the supposed to end by institutions and enterprises of the units shall bear some functions, especially the production and operation of enterprises functions; On the other hand, the government highway departments, institutions and enterprises need financial support. Therefore, the government highway department can’t effectively fulfill administrative functions, to manage this behavior of evade highway toll. And, institutions and enterprises are taking some government function, for example, in some provinces, the enterprise also perform "highway law enforcement" function. At the same time, our country’s administrative legislation to evade the management of highway tolls with very few, management authority regulations do not improve. In time, this paper from the analysis to evade the type of highway tolls, to evade the common type highway tolls are analyzed, and further research produces to evade highway tolls behavior cause of the problem, for the proposed the scientific and reasonable treatment to evade the highway tolls in administrative legal countermeasures to lay a good foundation; then, from the Angle of administrative law study the our country to evade the management of highway tolls present situation and the existing problems, and puts forward the perfect highway tolls evade behavior management relevant suggestion. First of all, the legislation perfect, do higher-level law and lower-level law convergence, secondly, the management shall be evade the highway tolls executive power to the administrative organ specific, finally, administrative punishment as a management to evade the behavior of the main highway tolls administrative means, it shall define the discretion of the administrative penalty.