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自上世纪50年代以来,我国开始征收养路费。养路费是我国公路养护费用的重要来源形式;但作为一种行政收费,又与相对人财产权之间存在一定的紧张关系。当前养路费的合法性问题,主要是《公路法》第36条存在严重的授权明确性缺陷。为此,全国人大常委会应当作出正式的立法解释,并运用“立法催生条款”对《公路法》第36条进行修正,以督促国务院尽早实施燃油税改革。
Since the 1950s, China began to collect road maintenance fees. Road maintenance fee is an important source of road maintenance costs in our country. However, as an administrative charge, there is a certain tension between property rights and the relative people. The current legality of road maintenance fees is mainly due to the fact that Article 36 of the Highway Law has serious defects of authority and clarity. To this end, the NPC Standing Committee should make an official legislative explanation and amend Article 36 of the Highway Law by using the “Legislative Provisions” to urge the State Council to implement the fuel tax reform as soon as possible.