Research On The Supervision Legal System Of Rural Domestic Sewage Treatment PPP Projects

The 13 th five-year plan period is the decisive stage of building a moderately prosperous society and meanwhile to solve the problem of “agriculture,rural areas and farmers” has always been a top priority in China's sustainable development.However,due to the development model of “urban-rural dual structure”,rural development is badly behind the city.Especially the rural environment,the lack of corresponding environmental governance facilities has caused serious damage to the rural environment during the period of extensive development.The construction of rural domestic sewage treatment facilities is the important measures for promoting the construction of rural environment,but is limited by the government fiscal and the particularity of rural living environment,rural domestic sewage treatment facilities has not been very good development.Under the background of the development of the new era,the PPP mode has emerged quietly,becoming a new way to solve the local financial dilemma.After decades of development,the PPP mode(Public-Private-Partnership)has become the most widely used model in the field of public infrastructure construction in the world.In practice,the local government has applied the PPP implementation mode such as BOT mode and DBOT mode to the rural domestic sewage treatment PPP projects,and has obtained certain results.However,in the rapid development of the rural domestic sewage treatment PPP projects,many problems emerge,and the most important one is the lack of supervision legal system.On the one hand,the traditional concept of supervision cannot make full use of the PPP projects in rural domestic sewage treatment.On the other hand,the lack of special legislation in PPP leads to the unsystematic legal system of supervision.In addition,the inadequacy of the supervision legal system makes it difficult for the PPP projects to properly investigate the legal liability of the parties in the process of operation.The defects of supervision legal system will not only affect the image and credit of the government,but also affect the enthusiasm of social capital to enter the field.Therefore,it is necessary to further improve the supervision legal system of rural domestic sewage treatment PPP projects.On the improvement of the supervision legal system of the rural domestic sewage treatment PPP projects,this thesis mainly starts from the following aspects: First,enhance the construction of the supervision legal system related to the rural domestic sewage treatment PPP projects.Second,establish a new type of supervision organization system which Including the PPP supervision center,at the same rank as PPP center,and establish the local PPP supervision center which directly under the PPP supervision center.Third,we should clarify the content and legal system of the supervision of rural domestic sewage treatment PPP projects,including financial supervision,quality supervision,price supervision and public supervision,etc.,and stipulates the supervision content of the PPP supervision center and the supervision content of the government respectively,the main content of the PPP supervision center includes purchasing stage,projects financing,profit distribution and withdrawal mechanism;The government still performs its traditional administrative supervision.Fourth,we should improve the starting mechanism of supervision and innovate the supervision means.The original starting mechanism of supervision will be changed into a dual channel system.And Internet plus can be useful to widen the social supervision path.In conclusion,The current supervision legal system has been unable to adapt to the rural domestic sewage treatment PPP projects,thus,it is necessary to improve the supervision legal system of rural domestic sewage treatment PPP projects in consideration of China's actual situation.