Research On The Legal Risk Prevention Of PPP Model From The Perspective Of Budget Law

Since the implementation of the newly revised “Budget Law” in 2014,the framework of China’s fiscal legal system has been continuously improved,and the pace of fiscal rule of law construction has been continuously accelerated.In order to meet the strong desire of people in the new era to keep up with the times and live a better life,PPP is an innovative model of public infrastructure in the new era.The introduction of private capital has not only effectively alleviated the financial difficulties of our government in infrastructure construction,but also helped to activate the potential vitality of the market and improved the operation of infrastructure and services.However,due to the different interests of both parties in PPP,the risk sharing mechanism,supervision mechanism,and dispute resolution mechanism of PPP are directly related to the survival of the project.China’s PPP currently lacks a systematic legal framework to provide guarantees and constraints.Therefore,this article intends to use the perspective of budget law to explore the PPP legal relationship chaos,the government’s commitment to credit is too low,government expenditure responsibilities are not clear,PPP budget norms are not in place,budget spending is arbitrary,and other issues are expected to improve the PPP budget Management system,standardize government behavior,carry out changes and inspections of PPP in the budget law,and ensure the sustainable output of finance and the healthy operation of PPP projects.This article takes PPP legal risk prevention as the main research object,and explores how to use the standard method of "Budget Law" to design a reasonable PPP budget risk prevention system according to national conditions.The research idea is roughly divided into four parts: The first part mainly analyzes the PPP operation mechanism by exploring the basic meaning and basic theory of the PPP model,clarifying the legal relationship and responsibility attribution of each stage and each project subject in the PPP operation.And explore the main forms of PPP risk through analysis methods such as data statistics and legal status;the second part proposes and expounds the theoretical support and argumentation ideas related to economics andbudget management for PPP risk prevention;the third part will The problem of PPP risk prevention is divided into two levels: PPP budget legislation level and PPP budget practice.The main problems of PPP risk supervision are proposed and analyzed;the fourth part discusses the guiding ideology and specific path selection to prevent legal risks with PPP budget norms.Through the organic integration of the revised budget guiding ideology of the Budget Law and the specific implementation of PPP,PPP special legislative proposals to strengthen the connection between the budget law and related laws and local policies are proposed.To grasp the lifeline of PPP’s sustainable development by specifying PPP budget expenditure subjects,strengthening PPP people’s congress budget supervision,reasonable fiscal capacity demonstration,and perfecting PPP budget performance mechanism,etc.,and at the same time helping China’s fiscal law reform progress.