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目前,高速公路法律诉讼有以下一些特点: 1、高速公路经营公司面临的法律诉讼越来越多,某些单位2004年的诉讼多达10起以上。与此同时,高速公路营运管理中的相关法律问题也越来越突出,一方面是广大公路使用者维权意识越来越强,另一方面是国家的相关法律法规还不够健全,国家还没有高速公路经营管理方面的法律甚至是条例,高速公路经营管理涉及的方方面面在法律上存在着一些盲点,例如高速公路管养界面划分,路政、养护等规范化标准,公路经营单位和路政交警的某些责任界定等,相关法律都没有明确,法官自由裁量度较大,争议也颇多。
At present, the highway lawsuit has the following characteristics: 1, highway companies are facing more and more legal proceedings, some units in 2004 as many as 10 or more litigation. At the same time, the relevant legal issues in the operation and management of expressways are also becoming more and more prominent. On the one hand, the road users are becoming more and more aware of their rights protection; on the other hand, the relevant laws and regulations of the country are not sound enough and the country is not yet high-speed Some laws and regulations on the operation and management of highways include some blind spots in laws and regulations such as the division of expressway management, normalized standards such as road and maintenance, certain responsibilities of highway operators and some traffic police Definition, etc., the relevant laws are not clear, the judge discretion of the larger, a lot of controversy.