Research On The Legal Issues Of Highway Traffic Management In China

In recent years,China’s highway industry is developing rapidly.In 2012,the traffic mileage achieved 96,000 kilometers and became the second in the world.The national highway network of our country has formed preliminarily. The highway is different from the ordinary ones and it is networked,closed and extended,therefore,it is a special highway system.However,with the fact that we are lack of the national specialized legal norms for our country’s highway toll management,the current laws are taking a reference to the ordinary highway’s relevant terms mostly. The lag and imperfection of legislation did caused some problems.For example,some local governments are acting on their own will and some relevant law enforcement departments are suffering from duplicated law enforcement, overlapping law enforcement, bucking passing and so on. In addition to these management shortcomings,there are some other problems,such as the phenomenon of "crowed, congested and chaotic" as well as the behavior of irregular charges and setting up billboards privately.These drawbacks and problems reduce the efficiency of the highway and increase the complaints and disputes.As a result, the healthy development of highway industry in China is hindered seriously.The main methods the paper used are empirical research method and comparative analysis method, it analyzed the existed problems and difficulties of our country’s highway toll management. On the base of learning and referring to advanced management patterns and legislative experience from foreign developed countries,the paper has proposed some advice about the establishment of specialized laws on the highway toll management and the improvement of the existing relevant laws,which can improve the legal system of the highway in our country as well as improve the traffic efficiency more effectively.It’s just the way that make Chinese highway toll management achieve the level of the developed countries in Europe and America as soon as possible.Except for the introduction and conclusion, the main contents are as follows: The first chapter was to summarize the present situation of China’s highway toll management.The second chapter introduced the existing problems of highway toll management.Firstly, it summed up the current existing legislative lag problems about the toll management by analyzing the situation of the highway tolls, then combined with the law enforcement practice to investigate the abnormal situation of the enforcement by lacking of legislation of law.The problems have violated the highway users’legal rights and interests.All these have laid a foreshadowing for the following discussion.The third chapter was about the investigations and enlightenments of highway toll management experience from foreign countries.The developed countries have a long history in highway construction, and they have a perfect management system, which has an excellent traffic legislation and law enforcement experience.Based on the analyzation and arrangements of the highway legislation and enforcement modes in US,France,Germany and the UK,the paper has pointed that the experience of the foreign highway toll management has an important reference meaning to our country highway management. Then we got some enlightenments and summarized the experience and practice for our country to improve the level of highway toll management. The last chapter talked about the suggestions to improve our country highway toll management system.On the base of the above reasons and abroad investigation,the paper analyzed the necessity and feasibility of specialized legislation of China,as well as the general framework. And in view of the above questions,the paper explored how to solve them by improving the legal norms of highway management system and straightening out the highway management law enforcement system,as well as enriching the channel administrative law enforcement,such as improving the highway traffic comprehensive administrative law enforcement reform, clear out the rights and responsibilities of law enforcement unit,Increase traffic management legal norms which was not included before,regulate the charging and so on.It aims to improve the quality and efficiency of highway toll management comprehensively.