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The Research Of Legal Risk Of PPP In The New Normal

Posted on:2016-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:L J GuFull Text:PDF
GTID:2296330503450968Subject:Law
Abstract/Summary:PDF Full Text Request
PPP model is a collection of concept, it is a series of mode of relationship of public and private, which including more than a dozen categories of traditional mode, such as BOT, BOOT, BOO, DBT, DBTO, DBFO etc., in this mode, the two sides share the benefits, total risk. Beginning in the 1980 s, in the field of infrastructure construction and promote the use of a large number of BOT, BT and other models, it can be said is the first practice in the field of PPP. But the traditional BOT, BT model also exposed some flaws and shortcomings, which is because of our short of understanding of the PPP, imperfect legal environment. As China’s economy has entered a new norm, a new round of central PPP model to promote new PPP model is no longer seen as a simple financing model, it is also a project management model. This paper compares the traditional BOT, BT with PPP under the new normal with new connotation, denotation, features, functions and depending on the specific model on and summed up the current application to get more practice in PPP mode specific models and innovation.Of course, due to the long cycle of PPP projects, a number of participants, involving a wide area, so there are more risks in project practice, academia risk management for PPP projects and theoretical studies to identify more, but for the research of legal risks was not much. Theorists of the concept of legal risk is not uniform, but the understanding of its nature and results is not in differences, scholars have generally agreed that the legal risk will eventually lead to the risk of adverse consequences on the law and caused losses to the actors. Under the new normal for the application of more PPP model, this paper introduces the theory of risk management and risk identification, from the practical point of view, the practice of PPP typical case analysis, sum up experience and lessons, sort out PPP projects in our country under the new normal legal risk high points, including the legal application, pre-PPP project risk, legal risk contracts, government and other aspects of credit risk. These legal risks often play a decisive role of PPP projects, how to prevent and respond to these legal risks, the author studies and work practice in the case of PPP lessons learned, summed up the five responses, in order for this stage PPP practice to provide some inspiration and reference.
Keywords/Search Tags:PPP, legal risk, solution, new normal
PDF Full Text Request
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