Research On Legal Issues Of Shareholder's Investment Liability Of PPP SPV

PPP is a win-win mode in which the government cooperates with social capital,provides public services,negotiates and concludes contracts equally between the two sides,and clarifies the relationship between power,responsibility and interests.PPP project company is also known as PPP SPV.PPP SPV is specifically responsible for the implementation of the project and is the only main body responsible for the operation of the project.The healthy operation and rooting of PPP project lies entirely in the operation and management of PPP SPV.Therefore,the standardized operation of PPP SPV is becoming more and more important.The standardized operation of PPP SPV is widely concerned by the participants of PPP project.With the improvement of company law and the regulation of PPP project companies by the State Council,the Ministry of Finance and local governments at all levels,there are still some imperfections in ensuring capital enrichment and implementing the responsibility of investment.Through the study of shareholder's investment responsibility of PPP project company,many problems are exposed in current PPP project capital,registered capital of PPP SPV capital system and ownership structure of project company.So I want to start with studying the legal status quo of PPP project companies in China,study and analyze the legal issues of implementing shareholder's investment responsibility and ensuring the capital enrichment of SPV in the process of operating PPP projects,and analyze the imperfections of implementing shareholder's investment responsibility and ensuring the capital enrichment of PPP projects in China,so as to learn from English.Successful experience of PPP model in China and Germany,put forward targeted suggestions to solve the problem,and provide useful suggestions for promoting the development of PPP projects in China.his paper is divided into five parts.The first chapter introduces the background and significance of the research on the legal issues related to shareholder's investment liability of PPP SPV.It also introduces the research methods used in the research process,the innovation points of the research and the overall framework of the paper.Chapter two analyses the current situation of shareholder's investment responsibility of PPP SPV in China.This paper expounds the proportion of project capital in total investment of PPP project,the source channel of project capital,and the form of investment of project capital.This paper expounds the relationship between PPP project capital and registered capital of SPV,and analyses the legal liability of shareholders' capital contribution of PPP SPV.Chapter three makes a theoretical analysis of the shareholder's investment responsibility of PPP project company.This paper theoretically analyses the capital system of PPP project company,and discusses the theoretical contention of shareholders' investment responsibility of PPP SPV.Chapter IV is based on the laws and regulations to regulate the shareholders investment responsibility of PPP project companies in our country,drawing lessons from the development experience of foreign countries in Britain and Germany,carrying out localization analysis,combining with China's experience in the development of PPP projects,and carrying out legal transplantation for our country.The fifth chapter is the analysis and summary of the existing rules and the beneficial experience of promoting the operation of PPP projects abroad.It studies the formation of rules to regulate the shareholders' investment responsibility of PPP SPV in China.Through research and discussion,this paper puts forward some operable and effective normative measures to standardize the operation of PPP project companies in China,strengthen the responsibility of shareholders' investment,implement project capital,and ensure the capital enrichment of PPP SPV.