收费公路免费通行规定之法律反思

The Law of Reflection About The Toll Road Toll Free Regulations

收费公路免费通行之条例规定是否符合法律保留原则,不仅应从形式上衡量,还应从实质要求上结合法律授权明确原则综合判断。公路营运公司对公路的收费权源于其与政府签订的公共工程特许合同,该权非公权力,而为私权利范畴。条例规定对公路经营公司之公路收费权进行限制性征收,将其归入行政征收有所勉强,应构成立法征收之命令征收。对于公共工程特许合同双方而言,免费通行规定属不可预见的情况,地方政府负有补偿公路经营公司由此导致之损失的义务。通过延长收费期对公路营运公司进行完全补偿并不符合公正原则之要求。

Regulations of toll road toll free is in line with the legal reservation principle, measure not only from the form, also from clear legal authorization principle combining substantive requirements on comprehensive judgment. Highway operating company of highway toll collection stems from its public project charter contract signed with the government, the right of non - public ownership rights, and for the private rights. Regulations on highway operating companies of the toll collection right by restrictive, classified as administrative levy somewhat reluctantly, it should be a legislative collection of command. For public project charter contract both sides, the free passage of regulation belongs to unforeseen situation, local governments should lead to the loss of road management company responsible for the compensation obligation. By extending the charge of highway operating company does not conform to the requirements of the fair principle of full compensation.