The Research On Legal Regulation Of Public Transport Franchising

China’s economic growth experienced by the planned economy to a socialist market through reform and opening up the process of economic development. Urban public transport has been dominated by the government-run as a "public utility", but with the gradual development of market economy, the business model of public transport reform has also been exploring its development path. Bus Franchise is the current base path of the bus privatization reform. On the one hand, the government opened the door to private investors, allowing it to invest in the utility sector; on the other hand, the government through reasonable regulation to compensate for market failure caused by dangerous and guide the healthy development of public transport. By the cooperation of administrative body and relative people achieving the bus undertakings development to exercise the functions of the government’s public administration.This paper studies the bus franchise is divided into four major parts, of which the first part is an overview of the bus franchise. In this section, first analysis the legal nature of the government concession behavior, elaborated legal circles for administrative, civil, economic, administrative licensing viewpoint and sufficient reason for government franchise, and the last analyzes government concession administrative contract as a unique legal relationship feasibility and reasonableness. To further deepen the understanding of the government franchise, especially analysis the government franchise and commercial franchise comparatively, from the gap of status of the parties, permission field and resource ownership differences and the division of the right and obligations relations and so on indirectly expound the government franchise characteristics. Then describes the general concept of the bus franchise and obtain access to public transportation bus franchising eligible to exhibit private body, government regulation of the content of public transport undertakings and public-private partnerships and other measures carried out a detailed analysis, which summarizes the bus domain-specific franchise, limiting market access, the dominant position of particularity, right-specific characteristics, so that we have a franchise for bus deeper understanding. In this final section, the author also analyzes the functions of the government from the "night watchman" to the almighty government, to change the course of the limited functions of government, to find trends transformation of government functions, and come to the conclusion that the functions of government to come to the bus career change has its inevitable law; author also describes the bus franchise system of public participation, public-private partnerships and other management models of science, rationality, advocate public transport is not just the functions of government, which should be by the government and the counterpart together complete the transit business.The second part is about the bus franchise development process. This part of the author first explains the inevitable reason of the bus franchise arising in the world and China, from the trends of China’s market economic development, the basic properties of public transport, the legal point of view, the traditional disadvantages of public transportation and other aspects demonstrations the business model bus franchise system feasibility, rationality. For example of bus franchise reform in Changsha, Hunan, and Hubei, Shiyan, analyze the situation early bus franchise reform. From the failure reform of the bus franchise, analyzing that there are malicious competition transit operations, the lack of appropriate regulatory regimes and other issues in the bus franchise in China early stages of reform. Article also cited a bus franchise reform success stories, such as Beijing public transport modes, Shenzhen bus mode, the Hong Kong public transportation mode. Through these bus franchise reform failed and successful cases, the author of bus franchise reforms conducted in-depth reflection.The third part is analysis of a real problem for the legal regulation of franchising in the presence of the bus. First, from the government’s regulatory philosophy, the author analyzes the administrative body lacks the concept of equality in the regulatory process of the bus franchise, the lack of form of the service concept and the adverse effects, and discusses the bus franchise system in the administrative body with counterpart and the proper relationship of the public. Then, the author analyzes the existing bus regulatory agencies exist diverse regulatory agencies, regulatory bodies blur the division of regulatory powers and insufficient convergence problems and adverse consequences. Finally, the author analyzes the problems the government regulation of content in the presence of public transport, such as bidding and auction are not standardized, bus franchise operators to obtain qualifications difficulty remains high, difficult to protect the rights of operators, is difficult to play the role of competition, management quality is not satisfaction, and fare subsidy mechanism and the mechanism unscientific and other outstanding issues.The fourth part is the idea of the author for bus franchise government and scientific management. First, the problem of the government’s regulatory philosophy unscientific, the author analyzes the establishment of proper regulatory objective starting point and foundation, explained the details of equal cooperation concept and reflects the form of bus franchise system, and analyzes the government as a public awareness of the importance of the subject of service management; Then, the author based on the reality bus problems of regulatory agencies, from the legislative to the regulatory agency specifically designed to make the analysis and put forward my own division of powers and institutional settings conception. Finally, the author content for the legal regulation outstanding problems, analyze the feasibility of recruiting a way to determine the eligibility of operators, require explicit operators to increase the qualifications of the operator’s trust, from right to relief, business content to determine other considerations set reasonable business rights and obligations, requirements for public transport lines, coverage, vehicles, environment, safety and other aspects of strict quality supervision, the use of direct government subsidies to citizens and ladder-type fare mechanism to solve the subsidy mechanism and fare mechanism defects.I hope contents of this paper to be able to promote the cause of China’s public transportation more perfect direction, and provide scientific and administrative management, rationalization, innovation and development to make its own contribution for our country administrative management.