Author(s)

Jiawen Wan and Zhenyi Li

Corresponding Author

Jiawen Wan

ABSTRACT

Right of way maintenance is inseparable from the development of transportation and human rights protection. China's research on "right of way" is still imperfect, and the boundaries of the relevant theoretical concepts are unclear, and there is a large controversy in judicial practice. On the basis of the connotation of right of way and the legal relationship elements of right of way, we analyze the rationality and legality of right of way maintenance. At the same time, based on the legislative, judicial and administrative measures of right of way maintenance in China, we propose corresponding countermeasures in order to explore the jurisprudential basis and rule of law connotation of right of way maintenance, and provide reasonable suggestions for the rule of law and modernization of right of way maintenance and road management system.

KEYWORDS

Highway jurisprudence, right of way, jurisprudential basis, wayleave, priority of starting, principle of proportionality