Legal Regulation Of Public Private Partnership Of China

Public Private Partnership is a new measure which contains the transformation of governmental functions and innovation in infrastructure construction and public service delivery in the new era.PPP in China is in a rapid development stage,and with the increased numbers of PPP projects and the expanding scope,the existing PPP policy documents can not meet the needs of practical operation,so it is urgent to promote the regulation of PPP at the legal level.Starting from the conception and commodity attribute of PPP,the paper makes a comprehensive analysis of the existing PPP policy documents in China from the perspectives of policy framework and policy innovation process,and summarizes the problems in the construction of existing policies of PPP in China,such as,differences in the basic definitions,the project identification mechanism,the project bidding procedure an the legal basis of bidding in the existing normative documents of PPP,the financial risk control system is deficient,the risk sharing and benefit protection mechanism of private capital is lacking,the dispute resolution mechanism is not perfect,etc..And in the end,the paper offer the proposal on the perfection of the legal regulation of PPP in our country,from the financial risk prevention system,the mechanism of risk sharing and benefit protection,strengthening the government power regulation,perfecting the dispute relief mechanism and so on.It is suggested to solve the problems of policy conflicts and deficiencies to play the advantage role of the PPP model in the areas of constructing infrastructure and providing public services and other areas.