Research On Legal Mechanism Of Risk Allocation Of PPP Government Investment Funds

In order to solve the problem of financing difficulties in the early stage of the PPP project,the PPP government investment fund shall be jointly funded by financial funds and social funds to participate in the PPP project as a social capital party in the PPP model to provide financing support and increase credit guarantee for the PPP project.Based on the core concept of "risk sharing and benefit sharing" in the PPP model.and Based on the core concept of "risk sharing and benefit sharing" in the PPP model,in the current "Risk prevention and Promote development" policy background,the legal mechanism for risk allocation of PPP government investment funds is studied from the perspective of law.Firstly identify the existence of approval risk,legal risk,balance risk,operational risk and exit risk in the operation of the PPP government investment fund,and through the value-added demonstration and financial endurance ability assessment two major evaluation criteria for PPP government investment funds to participate in the PPP project Conduct risk assessments.Secondly,according to the principles of risk allocation optimization,risk-return equivalence,and risk-controllable distribution principles,the PPP project contract is subject to restrictions on equity changes,government commitments and performance guarantees,government supervision and intervention,compliance obligations and legal changes,and breach of contract.Termination processing and other clauses assign the identified risks to the parties to the contract.Finally,through an empirical analysis of the 173 PPP project risk allocation plans in the project database of the Ministry of Finance,a “General PPP Project Risk Allocation Table” was formed.At the same time,it proposed to rationalize the rights of PPP government investment funds,improve the PPP contract system,and improve PPP.The government investment fund's internal control system and the sound PPP government investment fund credit compliance system and other legal measures to prevent and control the risk arising from the operation of the PPP government investment fund.