The Government Regulation Of PPP Mode

Since now,the PPP mode has achieved relatively mature development in foreign countries,and its related supporting measures are relatively mature.However,as long as the introduction of this model into China,a series of legal supervision problems have arisen.There is a lack of unified coordination in the management agencies,and there are various deficiencies in the relevant legal provisions in China.In the introduction,this dissertation briefly introduces the development status and the main problems of PPP mode legal supervision in China,and puts forward some solutions to the related problems.The main body of this dissertation is divided into four parts.The first part introduces the connotation and significance of PPP mode,and the definition of legal supervision of PPP mode.To determine the legal supervision of PPP model,we need to clarify the connotation of PPP mode,define the scope of PPP mode,and analyze the supervision of PPP mode on the basis of defining the definition of supervision.In the second part,from the macro point of view,the author analyses the conflict between the role of the government as the supervisor and the fulfiller of the PPP mode.The participants of PPP mode include the government.Because of its special status,the nature of PPP agreement is controversial.In different nature,as the supervisor of PPP mode,the government is also the participant of PPP project,which results in the role conflict of the government in PPP project.It needs the government as the different main role,and the content,mode and authority of the supervisory behavior are different.Starting from distinguishing the different nature of PPP agreement,this dissertation distinguishes the attributes of supervision under different nature,and holds that China should solve the problem of supervision under the consideration of both the civil and administrative nature of PPP agreement.The third part,from the micro perspective,analyses the problems arising from the conflict of government roles in the process of specific projects,and finds out the causes of these main problems and the main directions to deal with them.The last part is the suggestion of perfecting the legal Regulation of PPP mode in China.The identification of the nature of agreement is both civil and administrative,and the scope of government supervision behavior is determined by the factors of business risk sharing.Then,some suggestions are putting forward for the identification of the supervision behavior of specific processes and departments.Finally,the utilization of PPP information disclosure platform is put forward.