The Legal Application Research Of PPP Mode With Franchise As The Core

PPP(public-private-partnership) as a kind of public sector and private sector cooperation to provide public products and public service mode. In the practice of our country has been more than 30 years, from the earliest of Guangdong “Shajiao-B” power plant project to later known as the bird's nest, in Beijing on the 4th line project, has accumulated a wealth of practical experience. In recent years, in eighteen of deepening the reform of the background, the Central Committee of the Communist Party of China clearly put forward to let the market play a decisive role in the process of resource allocation, for the full implementation of the PPP lay the basis for policy.Currently in China's government vigorously promote, PPP projects have been launched everywhere, some local governments have their annual work assessment content, but also some local governments in order to meet the higher authorities, the PPP project will not be appropriate to meet the higher level of government, but the relevant legal system is not perfect and perfect, and even the laws and regulations themselves are conflict and contradiction, will give a lot of PPP project implementation left a huge legal risk.In this paper, the " commissions " as the perspective, the reduction of the franchise and the logical relationship between PPP and, the legal status and the jurisdiction of the "management approach", which has been promulgated by the state six ministries and commissions. In terms of the concept, scope, principles, acquisition, financing and other aspects of legal and practical analysis, the first is to engage in the definition and the relationship between the four aspects, one is to make clear the scope of the commissions and PPP two, which is to engage in the PPP model, which is to determine the scope of the commissions should be included in the PPP model, which is the standard and principle is what, if decided to take the commissions, then how to set up a reasonable commissions period; three is to make clear the commissions business, transfer, how to do the right, transfer, how to solve the problem. Financing. This paper also analyzes the legal issues that may arise in the implementation of PPP projects in China, such as PPP project, which is the main legal system of PPP project, which may include the legal provisions of the law, and the relevant laws and regulations, such as the "industry fund" and other related policies. This paper expounds the financing channels and modes of PPP, and provides a stable legal guarantee for the implementation of the project.