Research On Legal Regulation Of Franchised-type Public Private Partnership Model In China

Franchise-based PPP refers to the government`s reform of the traditional public utilities construction mode,with franchise as the core condition of cooperation,through public bidding,competitive negotiation and others forms to absorb private capital into the production and supply of public goods and services,to invest in public utilities construction,and to obtain a limited period of franchise and income rights for the private sector.Franchised typed mode,it is the most important mode of PPP in china,PPP(Public-Private-Partnership)is the Public-Private-Partnership model,which is literally translated as “Public-Private-Partnership system”,and in the official text of our country is “cooperative between government and social capital”.It refers to a long-term cooperative relationship among the government,private capital and private enterprises in the field of infrastructure and public goods services in order to safeguard public interests.Which is mainly carried out through the cooperation between government-granted franchise and social capital.The franchise model represented by BOT has undergone a long period of research and exploration,with remarkable achievements and maturity.Franchise-typed PPP model is a typical contract-type PPP model.B Power Plant,which originated from other countries but has Chinese characteristics.In the mid-1980 s,is the pioneering project practice of the first franchise model.It has gone through three stages:preliminary introduction,universal application and legalization.However,due to the model`s own factors,there are many problems have arisen in the process of combining the characteristics of foreign and international cooperation with China`s actual national conditions.Especially in recent years,the government is eager to attract investment and promote PPP blindly.Various problems lead to the intensification of contradictions and conflicts among the main bodies,which eventually leads to the breakdown of project cooperation.The theoretical research can not keep up with the practice.The level of laws and regulations for regulation is low.It is difficult to effectively guide the government departments with their rules as the main body and conflicts.The government`s role orientation in the model is inaccurate and excessive interference,the legal relationship between rights and obligations is not clear,the judicial relief is difficult,the conflict betweenpublic power and private rights,the imbalance between public and private interests,and the imperfect safeguard mechanism seriously hinder the process of localization,which is the key and difficult point of this paper.The nature of franchise agreement is the most controversial issue in the franchise-type PPP model.Civil contract and administrative contract are tit-for-tat.The complicated legal relations in concrete practice,the compete with public power and private rights,the broad nature of public welfare and private blue have always influenced the practice process of the model.By introducing the operating mechanism of the franchising mode and analyzing the common failure cases,this paper points out the problems existing in the mode in practice,regards the franchising agreement as an economic contract,and carries out scientific and rigorous legal regulation on the mode,solve the problems,ensures the success of the mode practice and promotes the development of China`s economy.This article mainly develops from the following aspects:The first part is mainly about the overview of the basic theory of franchise-type PPP model,the meaning and main characteristics are introduced,and clarified the concept of PPP model.Analysis the difference between Franchising and Common Administrative Permission in order to paves the way for the following contents introduction.The second part defines the nature of the franchise agreement.On the basis of introducing its basic structure and operation mechanism,complex legal relationship,and analyzing the publicity of economic law,it defines the PPP contract as an economic contract.The third part mainly summarizes the current difficulties situation and dilemma of the practice process from the analysis of typical failure cases in the practice of franchising PPP model,analyze the regulation status qua,so as to put forward suggestions to improve it.The fourth part draws lessons from the experience of foreign legal regulation,Discussion on the legislative path,under the guidance of the basic principles of economic law,formulates a legal system with the balance of multiple interests as the core.Filling in the legislative content of the franchising PPP Cooperation Regulations in the field of infrastructure and public service,in order to deal with the problems existing in franchising concrete practice,such as imperfect laws and regulations,excessive government intervention,unclear nature of agreements,difficulties in solving disputes and so on.The organic combination of macro-control law and market regulation law should strengthen the market supervision,coordinate and standardize the conflicts between public and private interests,realize the balance between public welfare and private interests,construct the legal regulatory framework of economic law,and promote the successful practice of franchising PPP model and the development of China economy.