Legal Issues Study On PPP Mode Of Urban Underground Pipeline Macro-control

In recent years,many parts of the country have to promote the construction of urban underground pipelines,and in order to regulate this new project construction,operation and other acts,most provinces and cities have also introduced the city underground pipeline regulations.At the same time,face with the dual pressure between the economic downturn and financial reduction,Central and the local governments have issued a series of policy documents: encourage the government and social capital cooperation(PPP)mode to promote the smooth development of infrastructure and public services.Therefore,in the face of this new mode of economic cooperation,how can the government regulate the PPP mode by using macro-control measures,how to formulate effective laws to provide system guarantee for the kind of behavior,and finally promote the healthy development of urban underground pipeline projects under PPP mode,these practical problems need to be resolved quickly.Therefore,this paper has an important theoretical and practical significance for the in-depth analysis of the theory and legal problems of urban underground pipeline PPP control mode.In this paper,we use the method of literature analysis,comparative research and method of law and economics to analyze the following aspects:the concept of PPP mode and the concept of economic law,the comparison of existing policy documents of underground pipeline PPP control and Subject and object,rights and obligations.This paper summarizes the practical problems in the PPP regulation of urban underground pipeline in China,and draws the corresponding countermeasures to improve the PPP regulation of underground pipeline in China by drawing on the advanced experience of mature countries and regions.The full text is divided into three parts:The first part is the theoretical analysis of PPP mode and government regulation.Firstly,This part classified the existing data,and summarized the concept and basic characteristics of PPP.Secondly,it analyzes the status ofthe government under the PPP mode and the theoretical basis of the government’s use of macroeconomic regulation and control.Specifically,it is based on the "market regulation-market failure-government intervention-government failure-intervention in government intervention" theoretical analysis of the PPP mode to carry out urban underground pipelines and other public infrastructure construction conduct in-depth analysis.The second part is the analysis of the PPP policy of urban underground pipeline.First of all,from the policy point of view,through the State Council on the "urban underground pipeline","underground integrated corridor" and other relevant documents for comparative analysis,we can see the government pay more attention to developing the city underground pipeline project;from the comparative analysis of local legislation,we can find that many of the contents are transferred from the State Council documents,obviously lack of geographical characteristics.Whether these local legislation can really play a guiding role in the practice and regulation,pending practice test.Secondly,through the analysis of the main body,object and content of PPP regulation in urban underground pipeline from the perspective of the three elements of legal relations,the author intends to clarify the functions and responsibilities,rights and obligations of the parties.The third part is the improvement of the legal mechanism of urban underground pipeline PPP regulation.This part summarizes a series of problems in the concrete operation of urban underground pipeline project under PPP mode since 2014,and combines the mature experience of representative countries and regions at home and abroad.It is concluded that the legislation should follow the principles of social and public interests on the basis of legislative conclusions.This paper puts forward a series of countermeasures and suggestions from the aspects of perfecting legislation,strengthening supervision,enhancing PPP professional knowledge and encouraging reward and punishment mechanism.