Research On The Protection Of Social Investors’ Rights In The Cooperation Between Public-Private Partnership

Public-Private Partnership embodies the partnership of mutual coordination,benefit sharing,and risk sharing between government and social capital.However,our country is in the transition stage of government functions.To achieve the partnership in Public-Private Partnership,we need to g ood legal system for adjustment.In 2019,the Ministry of Finance of China issued a document "Implementation Opinions on Promoting the Cooperative Development of Public-Private Partnership to further standardize this cooperation model,further strengthen standardized management,protect state assets from loss,and encourage private capital and foreign investment.But even so,China’s laws and regulations related to cooperation between the government and social capital are still incomplete,which has led to difficulties in safeguarding the rights of social investors in our country and excessive investment risks.A large number of potential investors are still in a wait-and-see attitude,resulting in government pressure on public construction Oversized and difficult financing.In fact,protecting the legitimate rights and interests of social investors has positive significance for the development of Public-Private-Partnership.This article analyzes the status quo of existing Public-Private-Partnership,finds out where relevant laws and regulations are incomplete,and combines China’s basic national conditions,draws on relevant foreign legal systems,puts forward feasibility suggestions,thereby improving legislation and making social investors better Construction of legal system for rights protection.This article is divided into four parts:The first part is an overview of the social investors in Public-Private Partnership and introduces the specific rights and interests of social investors under this model.The second part focuses on the analysis of the performance of the damage of the rights and interests of social investors and the existing legal problems in Public-Private Partnership,in order to study the legal basis of the protection of the rights and interests of social investors under this model and the necessity of building a complete legal framework.The third part analyzes the related legislation on the protection of the rights and interests of social investors in foreign countries,in what form it solves the above problems,and the reference of legislation on the protection of the rights and interests of social investors in China.The fourth part proposes legal suggestions to improve the protection of the rights and interests of social investors in Public-Private Partnership.This department puts forward specific legal suggestions to improve the protection of the rights and interests of social investors under this model in terms of the nature of the agreement,the risk of default,the introduction of third-party supervisory agencies,and relief channels.