论我国公共基础设施特许经营的行政法环境

我国公共基础设施特许经营起步于20世纪90年代后,是对政府公共产品供给方式的较大改革,这一改革对于提高政府公共产品供给能力以及改善政府与社会的关系都有积极意义。改善我国公共基础设施特许经营行政法环境,必须合理解决公共基础设施特许经营中行政法的一些基础性问题,建构起公共基础设施特许经营的行政法制度体系,使公共基础设施特许经营活动规范运作。

On the Administrative Law Environment of the Franchises to Public Infrastructure in China

The franchises to public infrastructure in China appeared in the 90's of the last century,which made great difference in how to provide public products by governments.The reform benefited not only the supplements of public products by governments but also the improvement of the relation between governments and society.At first,the paper introduces the situation of the related legislations.Then the paper indicates the ideas to better the administrative law environment which are related to the franchises to public infrastructure: we must deal with some foundational problems in the franchises to public infrastructure rationally in order to the administrative law system restricting the franchises to public infrastructure.The goal of the paper gives some advice to impel the construction of law system restricting the franchises to public infrastructure so that the activity will function legally.