Research On The Legal Risk And Control Of PPP Project

PPP refers to a mode of cooperation between government and social capital.This model is a major innovation in the supply methods of our country's infrastructure and public services,which is conducive to deepen structural reforms on the supply side,improve investment and financing mechanisms,and improve the quality and efficiency of social public services.In recent years,PPP projects have sprung up.While reducing the financial burden for local governments,they also provide the public with high-quality infrastructure and public services.However,as an emerging model,it has not been smooth in practical application.The PPP project's large investment,long duration,wide area of involvement,and large number of participants make it difficult to avoid many problems in practice.With the wide application of this model,various levels of government,various types of enterprises,various policy documents and so on have produced many new problems in varying degrees.Among them,legal risks such as the legality of the project cannot be ignored.The existence of this problem will bring huge hidden troubles to the smooth operation of the PPP project.In order to eliminate the hidden dangers and promote the smooth development of PPP projects,this paper makes a comprehensive and systematic study of the legal risks of PPP projects from the perspectives of the application status of PPP model in China,the existing legal risks,the causes of risks,and the measures for controlling risks.It hopes to control the potential risks in the practical application of PPP model and promote the smooth operation of the PPP project,and provide useful suggestions for PPP legislation.This article is divided into four parts to discuss the legal risk and its control of PPP project.The first part introduces the current application of PPP model in China and the existing problems from the perspective of practice.Then,it selects China's typical PPP projects to analyze the process of financing,construction and operation from the perspective of legal risk,and sum up the experienceand lessons of their success or failure.The second part specifically discusses the legal risks of PPP projects.This part discusses four high-risk of law,such as policy environment risk,project legitimacy risk,government breach risk and social capital breach risk,and then points out that the existence of these risks will greatly hinder the smooth operation of PPP project.The third part analyzes the main reasons for the existence of the above legal risks,which including the imperfect legislation,unclear approach to dispute resolution,the lack of administrative management and supervision system,and conflict interests among project owners.The fourth part,aiming at the high incidence of legal risk in the above PPP project and combining the main causes of it,puts forward the measures of risk control,which including to establish a legal system,clarify dispute resolution methods,improve administrative management and supervision systems,and prevent contract breaches.