《公路法》第85条修改之建议

近年来,我国公路建设发展迅速,极大地促进了国民经济的快速发展。为保障公路交通的安全畅通,《公路法》起到了非常大的作用。但在公路行政执法活动中,由于《公路法》第85条对损坏公路路产的索赔方式未作明确全面的规定,导致在司法实践中经常出现被损坏的公路路产赔偿金不能及时回收,一定程度上影响了公路设施的修缮和维护。对该条的修改和完善应当是行政法理论界所探讨的课题之一。

A Proposal on the Article 85 of The Highway Law of People's Republic of China

The recent years saw the rapid development in the highway construction,which has led to a growth in national economic.It is noted the Highway Law has played a key role in facilitating the transportation and ensuring the safety.However,due to the fact that this law fails to specify the whole measures of compensation for the damage of the highway property,the government is unable to receive the payment of compensation immediately.This has,to some extent,resulted in the delay in reparation and preservation of the highways.Thus,I suggests that the amendment to this Article should be a concern in administrative law area.