收费公路节假日免费政策的出台引来了学界对其合法性的争论。本文通过对该政策前提问题的厘清和内部关系的梳理,认为其行为本质是变更收费公路特许。继而将其纳入规范依职权变更许可的《行政许可法》第8条的框架中进行分析,得出该行为符合变更许可的相关规定,并且该行为是无须进行行政补偿的结论。 The promulgation of the toll road holiday free policy drew the academic debate over its legitimacy. Through the clarification of the prerequisite of the policy and the internal relations, this paper argues that the essence of its behavior is to change the toll road concession. And then incorporated it into the framework of Article 8 of the “Administrative Permission Law” that regulated the change of the permission according to the change of authority. It was concluded that the act was in conformity with the relevant provisions of the change permission, and the action was a conclusion that no administrative compensation was required.