Research On Legal Problems Of PPP Mode

Since the reform and opening up,due to the improvement of people's material level,there has been a greater pursuit of the physical infrastructure.However,because of the financial constraints,local governments have not been able to complete the construction of infrastructure in one step.However,many private capitals have not been fully utilized.This caused the waste of these private capitals and the PPP model came into being.Since the introduction of foreign investment in China at the end of the 20 th century,the government has adopted private capital and other forms of private capital to participate in the process of infrastructure construction.The Chinese PPP model has entered a period of high speed,which means that it has been recognized at the national level.The value of the model recognizes that the PPP model has a very important role in solving the fiscal predicament of local public facilities and infrastructure.Because there are some blank aspects in the theory and legal aspects of China's PPP model,there are still many problems in the practical implementation of the PPP model.The nature of the agreement is not clear.Project funds are difficult to raise,legislation is confusing,supervision mechanisms are incomplete,dispute settlement mechanisms are incomplete,etc.Not only does the government bear the responsibility for the failure of this project,social capital also bears many uncertain risks,which may affect the participation of social funds.The enthusiasm has led to the failure of PPP projects and it has also been detrimental to the protection of public interests.In light of China's national conditions and the experience of foreign countries,the system is the premise of practice.Perfecting the legal system is a guarantee for guaranteeing consultation and cooperation between the government and social capital.The system of perfecting laws and regulations is the basis of the PPP model to be able to clarify the government and people.The rights and obligations relationship between capitals,the correct positioning of the role of the government,the clear definition of the rights and obligations of both parties in the process of PPP project cooperation,and the maintenance of the interests of all parties are the basis for ensuring the operation of the PPP model.This article wants to explain the origin,definition,classification and legal nature of the PPP model from the basic theory of PPP,from the shallow to the deep,to discover the legal problems of the PPP model in China,and to combine the mature experience of foreign PPP development and absorb the successful experience and failure of our country.The lesson is to propose some constructive solutions.