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

摘要： 在《中华人民共和国收费公路管理条例》纳入国家修订日程的背景下，政府还贷公路收费制度亟须进一步完善。政府还贷公路收费制度具有维护经济金融安全、促进区域协调发展及优化交通资源配置效率的独特时代价值。然而，该制度在实践中面临公路收费原则未统一、收费期限不符合现行规则、收费程序有违正当程序等法治困境。为破解上述难题并释放制度效能，应确立公路收费二分原则，即政府还贷高速公路适用使用者付费原则，政府还贷普通公路适用成本补偿原则，通过增设目的性条款、原则性条款的形式予以实现；优化公路收费期限，即通过创设偿债期与养护期分类设定收费年限，清理相关行政规范性文件；通过明确“统贷统还”决策的公众参与机制及完善收费权益转让的信息公开制度，补足行政程序的正当性。

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