A Study On Legal Issues Of Emergency Takeover In Public Utility Franchise

As the public’s requirements for the quality of public goods and services have increased,the original mode of exclusive supervision and operation of organs in the field of public utilities can not meet the new needs of public life.Franchising has become an important member of the mode of public utilities,The investment and operation of private enterprises and the way of signing concession administrative agreement appear in the operation of public utilities.While this way gives the vitality of public utilities,the unchangeable profit seeking character of concession enterprises brings the complexity of administrative management in the field of public utilities to the competent administrative department.The complexity of public utilities makes some crisis situations unable to be solved by the franchisee’s own ability and resources.When there is an emergency in the franchising of public utilities,the administrative organ has the responsibility to save the injured public interests.The emergency takeover behavior just shows the important value of management responsibility.However,due to the lack of special public utility laws in China,the existing regulations are different,and the judgment and discretion standards of emergency and public interests are not qualified,it is actually applied to administrative cases,There is a lack of legitimacy and rationality,the planning of implementation procedures and steps is not rigorous,the starting time is uncertain,and the supporting measures are not perfect.The existence of these problems further leads to the abandonment or abuse of emergency takeover.The judicial organ has no rigorous and detailed judgment basis for the overall analysis of disputes arising from emergency takeover.All kinds of disadvantages will greatly reduce the legal effect of emergency takeover,which is not conducive to the privatization of public utilities.In this study of legal issues,the emergency takeover behavior is defined in the administrative coercive measures for discussion and analysis,and then by summarizing the laws and regulations and the current situation in the economic field related to the emergency takeover behavior in the franchise of public utilities,it is found that the internal problems existing in the emergency takeover behavior are mainly aimed at the emergency plan and the internal official process of the organ,And analyze the links and fairness of external procedures,improve the applicable conditions,select the appropriate takeover subject,and standardize the program design.If the takeover is terminated under appropriate circumstances,the franchise cannot be interfered with all the time,which also requires the improvement of termination conditions and a reasonable takeover period to prevent indefinite takeover.In addition,the emergency takeover behavior not only needs to be strict with its own procedural means,but also can not be applied in isolation.It also needs to be used in conjunction with other administrative means,such as the review and supervision of the content of the prior agreement and the implementation effect afterwards,and the relief and withdrawal system of franchisees.These behavior systems should also be incorporated into the whole emergency takeover behavior procedural system,Promote the emergency takeover behavior to be more widely used in the solution of public utility crisis.