Research On Adjustment Of Public And Private Interests By Economic Law In PPP Mode

PPP is the abbreviation of Public-Private Partnership.And the Chinese translation is "partnership between public department and private department ".It binds the rights and obligations of both parties under the PPP agreement,forms a partnership on the basis of benefit sharing and risk sharing,and aims to better provide public services for the public.At present,due to the low level of PPP legal system in our country,there are duplication and contradiction between different norms,the allocation of rights and obligations is unclear when the public department and the private department sign the PPP agreement,the public sector power boundaries are unclear and other reasons.These causes have serious consequences that the application has many problems,such as the conflict of interests between the public department and the private department,the nature of the PPP agreement and the risk sharing problem.The conflict between the public department and the private department is the core issue that affects the legal relationship between public and private cooperation.It affects the rights and obligations of the public and private parties in the project cooperation,which is not conducive to the benign cooperation between the public and the private.It seriously affects the stability of public goods and damages the public interest.It is important to coordinate the conflicts of interest between the public and private sectors in the PPP model.This paper studies how to coordinate the conflict of public and private rights by using the empirical research,the comparative analysis and the literature research.By combing the status quo of the allocation of rights and obligations between the public department and the private department,the author draws the manifestation and reason of the conflict of public and private rights.Due to the uneven allocation of rights and obligations,public and private pursuit of fundamental different goals and the public department play a variety of roles in the PPP model and other reasons,leading to the conflict between the maximization of public interest and the maximization of private capital interests,the conflict between public power and private rights,and the conflict between public interest and monopoly interests.The development of PPP model is more mature in Britain,Canada and other areas.The paper draws lessons from the measures,through the analysis of the effective adjustment measures of public and private rights and interests in the PPP model in the UK,Canada and Taiwan,and combined with the actual situation of our country.Measures including perfecting the legal system and determining the specialized authorities and their authority.These measures will provide practical guidance for coordinating conflicts of interest between public and private parties in the PPP model.Clarifying the legal attributes of the PPP agreement will provide a theoretical starting point for coordinating the conflicts of interests between the public and the private.The paper argues that the PPP agreement is a contract with the attributes of economic law.Based on it,coordinate the rights and interests of both public and private parties by the concept of economic law,that is,the concept of adjustment is based on the protection of the public interest as the core,taking into account the private rights and interests,with the specific measures to ensure that the realization of the public interest,but also to the protect and respect the legitimate rights and interests of the private sector,the rational allocation of rights and obligations of both public and private,so as to ensure the stable development of PPP model.The coordination of the conflict between the public department and the private department in the PPP model by the concept of economic law,reflects the inclusion and respect of the different value objectives of the public and private parties,and achieves the unity of the overall goal of public interest optimization and private capital maximizes individual goals,and contributes to improvement the PPP model of the legal theory.