公路涉路施工许可的实践与思考

Practice and Thinking on Administrative Licensing of Construction within Right-of-way of Highway or Building Control Zone

涉路施工许可是法律授权交通部门办理的审批事项。通过解读已有法律条文,明晰涉路施工许可的定义,梳理许可的法律依据。针对交通运输综合执法改革前后行政职能的调整,厘清许可实施机关和工作流程,明确申请材料清单内容。涉路施工安全影响评价是许可工作流程中最重要的一环,根据已颁布的规范或标准,梳理评价范围和内容,以及编制依据和所涉及的规范或标准。涉路施工许可实践过程中存在重技术轻管理、程序不完善、安全影响评价不规范和事中事后监管不到位等现象。需要从重视许可工作管理研究、完善许可程序、规范安全影响评价和加强事中事后监管等方面进行工作改进。

The construction licensing is an examination and approval matter of the transport administrative department authorized by the laws.By the existing letters of laws,the administrative licensing within right-of-way of highway or building control zone is clearly defined and its law basis is organized.In view of the comprehensive law enforcement reform of the transport administration,the administrative functions have been adjusted.It needs to clarify the enforcement agencies and the work flows,to make clear the list of the application materials.The safety influence assessment is a key link of the administrative licensing work.According to the existing specifications or standards,the assessment scope and contents are clarified,the establishment basis and the involved specifications or standards are determined.Many problems have been found in the course of the administrative licensing practice,such as much emphasis on technology but less on management,imperfect procedures,non-standard safety influence assessment and inadequate supervision during and after construction.The administrative licensing work should be improved by enhancing the study in management,perfecting the procedures,standardizing the safety influence assessment and strengthening the supervision.