我国综合运输管理机制法律问题研究
发布时间：2018-11-18 19:32
【摘要】：现代交通运输系统是由铁路、公路、水运、航空和管道五种运输方式构成的立体化综合系统。交通运输业是国民经济的基础产业,国民经济要以较快速度发展,综合运输发展滞后的状况必须改变,所以完善我国综合运输体系是交通运输和经济社会发展的迫切需要。综观世界发达国家运输管理机制的发展历程,发达国家已普遍建立了综合性运输行政管理机构,对交通运输事务实行集中管理。本文在系统研究发达国家综合运输管理机制的立法经验,客观分析我国综合运输管理机制的历史沿革、发展现状和存在的问题的基础上,提出了完善我国综合运输管理机制的立法构想。本文指出,综合运输管理机构分散、铁路体制改革滞后、综合运输管理机构行政组织法不健全、综合运输法律体系不协调及综合运输行政执法不力是阻碍综合运输管理机制改革的五大因素。其中,铁路体制改革不彻底是我国建立综合运输管理机制的最大障碍。因此,要破除铁道部政企不分的体制,打破铁路垄断局面,进行彻底和全面的铁路体制改革。本文强调,通过完善综合运输行政机关组织法律制度,制定综合运输管理法和完善交通运输行业法等立法途径为综合运输管理机制改革提供法制保障。最后提出了分级别、分阶段稳步推进我国综合运输管理机制的具体构想。中央运输行政管理组织体系的基本结构模式分为三个阶段：过渡方案,设立国家交通决策协调管理委员会,形成监管机构间信息共享、沟通协调的合作管理机制；中期方案,将铁道部并入交通运输部,构建大交通运输部,实现对全国铁路、公路、水运、航空、管道、城市交通、交通安全等统一管理和协调；远期方案,设立国土交通建设部,统筹国土开发、交通运输与建设的统一管理。地方运输行政管理组织体系基本结构为“横”、“纵”特性相结合的运输管理部门组织机构的模式。
[Abstract]:Modern transportation system is a three-dimensional integrated system composed of railway, highway, waterway, aviation and pipeline. Transportation industry is the basic industry of the national economy. If the national economy is to develop at a faster speed, the situation that the comprehensive transportation development lags behind must be changed. Therefore, it is an urgent need for the transportation and economic and social development to perfect the comprehensive transportation system of our country. In view of the development of transport management mechanism in developed countries, the developed countries have established a comprehensive transportation administrative organization and centralized management of transportation affairs. Based on the systematic study of the legislative experience of the integrated transport management mechanism in developed countries, and the objective analysis of the historical evolution, development status and existing problems of the integrated transport management mechanism in China, this paper makes a systematic study of the legislative experience of the integrated transport management mechanism in the developed countries. The legislative conception of perfecting the comprehensive transportation management mechanism of our country is put forward. This paper points out that the integrated transport management organization is decentralized, the railway system reform lags behind, and the administrative organization law of the integrated transport management organization is not perfect. The disharmony of the comprehensive transportation law system and the weak administrative law enforcement of the integrated transportation are the five major factors hindering the reform of the integrated transportation management mechanism. Among them, the reform of railway system is the biggest obstacle to the establishment of comprehensive transportation management mechanism in China. Therefore, it is necessary to break down the system of railway ministry, break the monopoly of railway, and carry out a thorough and comprehensive reform of railway system. This paper emphasizes that the reform of comprehensive transportation management mechanism can be guaranteed by perfecting the organization legal system of integrated transportation administrative organs, formulating comprehensive transportation management law and perfecting traffic and transportation industry law and so on. Finally, the paper puts forward the concrete conception of promoting the integrated transportation management mechanism in stages. The basic structural model of the central transportation administration organization system is divided into three stages: the transition scheme, the establishment of the National Transportation decision Coordination and Management Committee, the formation of a cooperative management mechanism for information sharing and communication between regulatory bodies; In the medium-term plan, the Ministry of Railways will be incorporated into the Ministry of Transport, and a large Ministry of Transport will be established to achieve the unified management and coordination of national railways, highways, waterways, aviation, pipelines, urban traffic, traffic safety, and so on; Long-term plan, the establishment of Ministry of Land and Transportation Construction, overall land development, transportation and construction of the unified management. The basic structure of local transportation administration organization system is "horizontal" and "vertical" characteristics.
【学位授予单位】：北京交通大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.296;F512
[Abstract]:Modern transportation system is a three-dimensional integrated system composed of railway, highway, waterway, aviation and pipeline. Transportation industry is the basic industry of the national economy. If the national economy is to develop at a faster speed, the situation that the comprehensive transportation development lags behind must be changed. Therefore, it is an urgent need for the transportation and economic and social development to perfect the comprehensive transportation system of our country. In view of the development of transport management mechanism in developed countries, the developed countries have established a comprehensive transportation administrative organization and centralized management of transportation affairs. Based on the systematic study of the legislative experience of the integrated transport management mechanism in developed countries, and the objective analysis of the historical evolution, development status and existing problems of the integrated transport management mechanism in China, this paper makes a systematic study of the legislative experience of the integrated transport management mechanism in the developed countries. The legislative conception of perfecting the comprehensive transportation management mechanism of our country is put forward. This paper points out that the integrated transport management organization is decentralized, the railway system reform lags behind, and the administrative organization law of the integrated transport management organization is not perfect. The disharmony of the comprehensive transportation law system and the weak administrative law enforcement of the integrated transportation are the five major factors hindering the reform of the integrated transportation management mechanism. Among them, the reform of railway system is the biggest obstacle to the establishment of comprehensive transportation management mechanism in China. Therefore, it is necessary to break down the system of railway ministry, break the monopoly of railway, and carry out a thorough and comprehensive reform of railway system. This paper emphasizes that the reform of comprehensive transportation management mechanism can be guaranteed by perfecting the organization legal system of integrated transportation administrative organs, formulating comprehensive transportation management law and perfecting traffic and transportation industry law and so on. Finally, the paper puts forward the concrete conception of promoting the integrated transportation management mechanism in stages. The basic structural model of the central transportation administration organization system is divided into three stages: the transition scheme, the establishment of the National Transportation decision Coordination and Management Committee, the formation of a cooperative management mechanism for information sharing and communication between regulatory bodies; In the medium-term plan, the Ministry of Railways will be incorporated into the Ministry of Transport, and a large Ministry of Transport will be established to achieve the unified management and coordination of national railways, highways, waterways, aviation, pipelines, urban traffic, traffic safety, and so on; Long-term plan, the establishment of Ministry of Land and Transportation Construction, overall land development, transportation and construction of the unified management. The basic structure of local transportation administration organization system is "horizontal" and "vertical" characteristics.
【学位授予单位】：北京交通大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.296;F512
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