关键词: 政府还贷公路收费；收费公路；统贷统还；使用者付费；高速公路

Abstract: Against the backdrop of the “Regulations on the Administration of Toll Highways” being included in the national revision agenda, the improvement of the toll system on the highways by government-repay loans urgently needs to be responded to and alleviated from the legal perspective. Under the macro background of moving towards a strong transportation nation and the coordinated development and security of the “15th Five-Year Plan”, the toll system on the highways by government-repay loans has unique contemporary value in maintaining economic and financial security, promoting coordinated regional development and optimizing the efficiency of transportation resource allocation. However, this system is confronted with legal predicaments in practice, such as the lack of uniformity in the principles of the tolls on highways, the violation of current rules in the toll period, and the violation of due process in the toll procedures. To solve the above-mentioned problems and release the institutional effectiveness, a two-pronged principle for tolls on highways should be established. That is, the “user pays” principle should be applied to expressways by government-repay loans, and the “cost compensation” principle should be applied to ordinary highways by government-repay loans. The toll period on highways should be optimized, that is, by creating a “debt repayment period” and a “maintenance period” to set the toll years separately. The legitimacy of administrative procedures should be supplemented by clarifying the public participation mechanism for the “unified loan and unified repayment” decision-making and improving the information disclosure system for the transfer of charging rights and interests.

Key words: government-repay loan; tolls on highways; unified loan and unified repayment; user pays; expressway