On National Guarantee Theory And Its Application In The Field Of Public-Private Partnership

The theory of state guarantee is the most important type of theory in guaranty countrie s.It originates from the trend of privatization and is practiced in the PPP legal system.Th e theory of State Guarantee takes the responsibility of State Guarantee as the core issue,an d studies how the State guarantees the ultimate accomplishment of public tasks and the ulti mate realization of public interests.This paper takes "the concept of PPP and the origin of the theory of state guarantee-the theory of state guarantee and its control over PPP-the construction of the basic princi ples of PPP legal system under the theory of state guarantee-the construction of PPP lega 1 system under the theory of state guarantee" as the logical approach.Through the systemat ic study of the theory of state guarantee,the legal system construction of governing PPP is guided by this theory.The essence of the construction of PPP legal system is to abstractly sum up the basic principles that focus on the fundamental value pursuit of PPP and apply to the whole life cycle of PPP,and then control the construction of PPP legal system.The introduction introduces the background of this study and the awareness of the pro blem.It holds that the theory of State Guarantee is of great theoretical significance to the 1 egal construction of public-private cooperation in China.Chapter 1 explains the concept of PPP and the origin of the theory of state guarantee.Firstly,it differentiates between privatization and public-private cooperation,and then limits the PPP studied in this paper to the state(government)in order to improve the supply qual ity,quantity and efficiency of people-oriented public goods and services,and to share the i nterests and wind established by social capital through franchising and government purchasi ng services.A long-term cooperative partnership of risk sharing.PPP is characterized by pe ople-oriented,benefit sharing,risk sharing and long-term cooperation.From the perspective of the change of state type,this paper elaborates the evolution of state(government)respon sibility under the influence of different economic trends from small(night police state)to 1 arge(welfare state)and then to intermediate(guaranty state)as the background of state gua rantee theory.It further studies how survival care theory,state task theory and cooperative theory adapt to the supportive theory of state guarantee theory through revision.The second chapter discusses the theory of state guarantee liability and PPP.Through t he research of state responsibility in guaranty state,the theory of responsibility distribution between state and private subjects is refined,and then the state responsibility is typified int o executive responsibility,guarantee responsibility and snare responsibility from this perspect ive.Then the core topic of the theory of state guarantee,the typification of state guarantee responsibility,is extended.The theory of responsibility stage is refined by sorting out the t heory,and the responsibility of state guarantee is typified into guiding responsibility,control responsibility and supervision responsibility.Implementing the theory of State Guarantee int o PPP illustrates that the object of State Guarantee is public interest and must be carried o ut in accordance with the principle of procedural justice.Chapter three,guided by the theory of state guarantee,summarizes the basic principles of PPP legal system in China under the theory of state guarantee.The basic principles of PPP legal system in China include four principles,namely,the principle of effectiveness of payment,the principle of public welfare protection,the principle of contract and the princip le of weak centralization of control.Among them,the principle of effectiveness of payment includes four sub-principles:value for money principle,people-oriented principle,financial s ustainability principle and market competition principle.Its function is to control the selecti on of PPP projects;the principle of public welfare security reflects that the fundamental val ue pursuit of PPP is to protect public interests,and it should run through the whole proces s.The contractual principle includes three sub-principles:the principle of equality,the princi ple of justice and the principle of reciprocity.Its function is to control the procedural legal system of PPP law.Through the research on the innovation of regulation concept,it is con cluded that PPP should implement the principle of weak centralization,whose function is to control and supervise the supply stage.In the fourth chapter,guided by the basic principles of PPP legal system under the the ory of state guarantee,the author makes a comprehensive inspection of the different stages of the whole life cycle of PPP projects.There should be four processes in the process of p roject selection,namely,people-oriented demonstration,value for money evaluation,financial affordability demonstration and market testing,to ensure that project selection conforms to the principle of payment effectiveness.Through reviewing the current PPP procurement syst em in China,the four basic requirements of PPP social capital selection process are full co mpetition,information disclosure,equality and moderation,and inexpensiveness of dispute re solution.At the supply stage,the state(government)should guarantee the following require ments of public goods and services supply through performance management:uninterrupted supply,reasonable price and quality of supply,equalization of public goods and services po pularization,and different relief modes should be applied according to specific types of resp onsibility when harming consumers in the supply process.The state should bear the respons ibility of networking when the contract expires or terminates,but there are different risk sh aring modes between the state(government)and social capital due to the termination of the project caused by different circumstances.