The Analysis Of The Lawsuit In Which Long Sued The Housing And Urban-rural Construction Committee In Changsha City About The Urban Road And Bridge Vehicle Tolls

Since China abolished road maintenance fees at the end of 2008, the drivers across the country have taken different ways to fight against the action that the government charges the urban road and bridge vehicle tolls. The lawsuit in which Long sued the Housing and Urban-Rural Construction Committee in Changsha city about the urban road and bridge vehicle tolls, is the first administrative one in this city.Because of our country's unsound legislation on the urban road and bridge vehicle tolls, there are two focuses of dispute in this lawsuit. One is whether the urban road and bridge vehicle tolls apply to the Highway Law and the other relevant laws. The other one is whether the government's charging is legal. First, China's current legal norms make a strict distinction between the highway and the urban road, and the Highway Law and the other relevant laws clearly stipulate that they are for the highway. Therefore, the urban road and bridge vehicle tolls can't apply to the Highway Law and the other relevant laws. Second, the legal basis for the charging of the urban road and bridge vehicle tolls by the municipal government in Changsha city breaks the higher-level law, so the charging in this lawsuit is illegal. According to the theory of public finance, the action that the government charges vehicle tolls at the present stage is legitimate, but the relevant system and legislation need to be improved and perfected.