The Perfection Of The State Compensation System From The Perspective Of PPP

Public-Private Partnership is an activity mode of long-term cooperation between public and private sectors,in which each department develops its strengths,shares interests and risks,completes administrative tasks and meets public needs.The Public-Private Partnership develops vigorously in China with the advantages of both public and private.Although Public-Private Partnership can bring capital,technology and advanced management experience,which can free the government from the increasingly heavy administrative payment,it also brings problems.The development of Public-Private Partnership poses a great challenge to the existing state compensation system in China.In the traditional administrative law,the state monopolizes the administrative task and causes damage to the third party.However,in the Public-Private Partnership,the government assigns administrative tasks to the private subject to perform.In case of damage to the third party,the victim can only claim compensation from the private subject or further claim compensation from the state.Based on this,this paper studies the perfection of the national compensation system from the perspective of the Public-Private Partnership.After clarifying the basic contents of the Public-Private Partnership,it analyzes the inevitability and feasibility of the national compensation under the Public-Private Partnership and the lack of the national compensation system in China under the Public-Private Partnership,and finally puts forward Suggestions to improve the national compensation system in China.Through the above research,in order to achieve the purpose of improving the national compensation system and promoting the good development of the Public-Private Partnership.This paper consists of three parts:introduction,body and conclusion.In addition to introduction and conclusion,the body is divided into four chapters.The first part is the overview of Public-Private Partnership.Firstly,the definition of Public-Private Partnership is sorted out from academic discussion and official level.The definition of PPP has not yet reached a unified conclusion,but it can be defined based on the central intention.Secondly,the development process of Public-Private Partnership is sorted out,and it is clear that Public-Private Partnership is not imported but has a long history in China.Finally,the types of Public-Private Partnership are discussed.Some scholars divide Public-Private Partnership into three types:authorized private to exercise public power,administrative assistant and administrative task based on private law contract.According to the operation mode of Public-Private Partnership,some scholars divided Public-Private Partnership into three types:contract contracting,privatization and franchise.In the author's opinion,the second classification method is slightly dominant in terms of completeness and fit with the practice of Public-Private Partnership in mainland China.Therefore,the author makes clear the classification based on the operation mode of Public-Private Partnership,which is more suitable for the discussion of public-private responsibility distribution under Public-Private Partnership.The second part is the basis of state compensation under Public-Private Partnership.Firstly,from the perspective of the traditional theory of state responsibility which is also applicable to the Public-Private Partnership and the theory of state guarantee liability,the inevitability of state compensation liability under the Public-Private Partnership is demonstrated.Under the Public-Private Partnership,although the state assigns some administrative tasks to private subjects,this is an adjustment of the way the state completes administrative tasks,rather than a possible transfer of state compensation liability.The country cannot use the Public-Private Partnership to escape from the restraint of the constitution to guarantee the fundamental rights.In the Public-Private Partnership,although the state does not assume the responsibility for performance,it takes the place of the state guarantee responsibility.The state should guarantee the quality of public services provided by private subjects and the realization of public interests.Secondly,there are some foreign experiences for reference.Supported by the theoretical results of the state compensation liability under the Public-Private Partnership;This paper discusses the feasibility of the state compensation liability in Public-Private Partnership from three aspects.The third part is the shortage of the state compensation system under the Public-Private Partnership.This chapter mainly from the principle of imputation cannot include the state compensation demand under the Public-Private Partnership;The scope of compensation cannot cover the infringements under the Public-Private Partnership;The single subject of the state compensation liability is not suitable for the distribution of public and private liability under the Public-Private Partnership;The dual legal relationship of compensation cannot cover the four aspects of the multilateral relationship of state compensation under Public-Private Partnership to explain the current situation of the lack of state compensation system in China.The fourth part is the improvement of the state compensation system under the Public-Private Partnership.In view of the lack of the state compensation system under the Public-Private Partnership in chapter 3,based on the above feasibility study.this paper puts forward some Suggestions to improve the state compensation system in China.That is to establish the principle of imputation by the exercise of public power;Expanding the scope of state liability for compensation;According to the specific type of Public-Private Partnership to determine the public and private responsibility sharing;Optimize compensation and recovery procedures.