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在我国公用事业逐步市场化、社会化的背景下,供热领域发生的临时接管作为一种紧急保障措施,在性质上是一种行政行为,体现了政府的监管责任,具有法定性、必要性、临时性、强制性及救助性等特征。目前我国公用事业经营中的临时接管大都处于无法可依或低层次规范的状态。应尽快完善公用事业临时接管相关立法,各级政府及主管部门在启动和实施临时接管中既要依法行政、保证公用事业的公益性、安全性,还应保护经营者合法权益。
Under the background of the gradual marketization and socialization of public utilities in our country, the temporary takeover in the field of heating is an emergency safeguard in nature, which is an administrative act in nature and embodies the government’s regulatory responsibility with legal nature and necessity , Temporary, mandatory and rescue features. At present, most of the temporary takeover of public utilities in our country are in a state of being unable to be regulated or under a low-level standard. Public utilities should be improved as soon as possible to take over the relevant laws and regulations. Governments at all levels and competent departments should exercise their administration in accordance with law only when starting and implementing temporary public utilities to ensure the public welfare and safety of public utilities and also protect the legitimate rights and interests of business operators.