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The Study of Administrative Law in Risk Prevention of Public Utilities Concession

Author: LiMingChao
Tutor: ZhangZhiYuan
School: Suzhou University
Course: Constitutional and Administrative Law
Keywords: Utilities Franchising Risk prevention Legal System
CLC: F299.24
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 1
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Abstract


Government awarded directly to the public of a private organization to sell its products or services right franchise system has become a national public utilities construction and operation of the important modes. The early 1990s , China began to pilot line utility franchise system . Practice shows that this public-private partnership for easing pressure on government finances , and expand the scale of public utilities have played an important role. However, with the deepening of reform , franchise system exposed many issues that hinder utility market -oriented reform process. Utilities franchise in our current troubled background, focus on analyzing the causes of its legal charter risk prevention naturally has important practical significance. This is not only able to utilities franchise healthy development of the real obstacles to clear all kinds , but also for the franchise Legislation and government regulatory system sound support . Article content mainly includes three parts . First, according to the modern theory of risk society double the risk of cognitive models and modern sources of administrative law on the basic concept of the administrative process , combined with our practice has occurred in many typical cases of franchising , explore utilities franchise process all kinds of artificial risks specific circumstances , a comprehensive understanding of franchising risk sources. Secondly, through the concession of twenty years a comprehensive review of the practice of reform , combing different historical periods and the central and local regulations and policies related to the changing focus of induction exist in the process of franchising policy and institutional risks. Finally, in accordance with national utilities franchise that generally follow the \By introducing internationally accepted legal framework of public-private cooperation system evaluation criteria and the basic principles of government regulation , the transformation of China's current legal framework for franchising , the government regulatory system , public participation and licensing contracts and other institutional arrangements to effectively avoid the risk of occurrence of franchising in taking into account the interests of utility operators based on the promotion of public welfare improvement.

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CLC: > Economic > Economic planning and management > Urban and municipal economy > Municipal economic profiles of countries in the world cities > China > Infrastructure and utilities
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