机场委托管理的若干法律问题

Research on Some Legal Issues of Airport Management by Delegation

委托管理有利于提高管理专业化和机场运营效率,已在中国得以适用。但中国法律对这种新型机场管理模式的规定有所缺失,对机场管理公司的资质、投资主体和有关安全的行政法律责任主体没有专门规定,从而带来无行业准入门槛、不正当竞争或垄断等法律风险以及法律责任主体不合理等问题。建议通过立法的方式对机场管理公司的必备条件、国内外投资主体身份和外商投资条件等予以限定,并规定机场管理公司承担与安全相关的行政法律责任。

Management by delegation has been testified to improve the efficiency of airport operations , which has been adopted by Chinese airports. However, it needs specific provisions in laws and regulations, with respect to the qualification and shareholders of assignees engaging in the management, and the subject of administrative legal re- sponsibility concerning safety. There have been serious legal issues arising or to arise, including the industry access threshold being too low, the risk of monopoly and unfair competition ,the subject of liability being inappropriate, and so forth. This article gives suggestions to resolve those issues by legislation, providing the qualification required for the assignees, limiting foreign and national investers and investment in assignees, and the assignees undertaking some admininstrative legal responsibilities.