The Distribution Of Outdoor Advertising License Benefit

Recently,the interests of the struggle around the outdoor advertising license has never ceased because of huge gain brought by the city's outdoor advertising.In practice,the government grants any third person to right to publishing outdoor advertising on private building and participates in profit distribution of outdoor advertising license,which has caused great controversy.The core of controversy is how to distribute the interests of outdoor advertising license on private building?The administrative regulation of outdoor advertising has three stages of planning,permission and supervision.The license,as the central link of regulation,mainly includes installing outdoor advertising content licensing,outdoor advertising setting license and outdoor advertising facilities license for the planning of construction projects.In practice,the disputes of the interest distribution mainly exist outdoor advertisement setting permission.Diverse patterns of interest distribution provided by local legislations,the revenue of the outdoor advertising setting licensing comes from the price for the building ownership and the right to use space.It is no doubt that the benefit from the ownership belongs to the building owner.Therefore,the interest distribution of the outdoor advertisement setting permission focuses on the ownership of urban space right ownership.Under the current legal system,the legal nature of right of the urban space exhibits the land ownership and the right to use construction land.After the separation of land ownership and the right to use construction land,the landowner and the holder of the right to use construction land should enjoy space using right within the scope of the land surface up and down.Their scope of space right should be confirmed according to the provisions of contract on transfer of the right to use construction land first.In the absence of agreement,transfer space beyond the contract belong to the ownership of land,but the holder of the right to use construction land can have the space right within the scope of the rational use,and the reasonable use of vertical space range depends on the nature of the land use and the way of land use.On the basis of the ownership boundary points in urban space,if urban space fully included in the building owners within the scope of the land use right of space,then the corresponding outdoor advertising set licensing revenue should be owned by private owners.Otherwise,if the outdoor advertisement facility occupy the space overflow the scope of the right to use construction land,outdoor advertising license revenue of the overflow part shall be owned by the state,by the government to charge.In the way of the interest distribution,outdoor advertising set in private buildings and private space should take common licensing model,but outdoor advertising set in public space should take franchise model to allocate the rights to publish the outdoor advertising through the fair and competitive ways of auction,bidding,etc.In compensation mechanism of outdoor advertising setting permission,because of the limitation of outdoor advertising planning,the rights to publish the outdoor advertising in the urban can only be obtained by partial space owners or users.So outdoor advertising planning makes unequal resource allocation of the urban space.Although the allocation mechanism leads to the part of the holders of right to use construction land is unable to set outdoor advertising,it is the common result of democratic consensus and scientific decision-making,so the allocation result is legitimate.Therefore,the private holders of right to use construction land have no right to get compensation.In the negative external effects of outdoor advertising setting permission,the building owners can get the corresponding compensation to realize the internalization of external effect through the lease agreement or the way of bidding and auction.Considering the principle of equality and efficiency,because people adjacent the buildings set up outdoor advertising also has the negative impact of outdoor advertising,so they should get certain compensation from the interest of outdoor advertising setting permission.