The Exit Mechanism Study Of Social Capital In PPP Mode

Since the Third Plenary Session of the 18 th CPC National Congress in 2013,the government and social capital cooperation(PPP)has been carried out in full swing in China.According to the data of the "National PPP Integrated Information Platform Project Quarterly Report"(the third quarter of 2017)published by the PPP Center of the Ministry of Finance,a total of 14,220 PPP projects with a cumulative investment of 17.8 trillion are available,covering 31 provinces(autonomous regions and municipalities directly under the central government).And Xinjiang Corps and 19 industry sectors.Under such circumstances,China's relevant policy documents have also come out one after another,and are intended to solve various problems encountered in the process of cooperation between the government and social capital.However,for the moment,many problems in the PPP model have still not been resolved legally.The social capital exit mechanism in the PPP model has no perfect rules both in the existing laws and in the issued policy documents,which causes social capital to face severe obstacles in exiting the PPP model,and damages the legitimate interests of social capital.The relief approach,which led to the social capital's daring or unwillingness to cooperate with the government,caused an endless loop and lost the original intention of introducing the PPP model.The PPP model is a cooperation between the government and social capital.It involves not only the public interest but also the private interests of private individuals.The key to constructing social capital to withdraw from the legal system is to balance the interests of all parties.This essay starts with the practice of PPP in China,introduces the basic theory of China's PPP model,analyzes the legal dilemma faced by social capital in the exit of PPP model,and then analyzes the legal relationship of parties in the PPP model from the perspective of the "Contract Law" and "Company Law." And the nature of the PPP project contract system,and study the reasons for the withdrawal of social capital in the PPP model and the experience of foreign relevant legislation,and finally put forward the relevant laws and suggestions to improve the social capital exit mechanism in China's PPP model.This article believes that the fair distribution and reasonable settlement of the PPP project social capital withdrawal of the various rights and obligations of the main body,risk sharing and benefit compensation mechanism,improve the protection of investor interests,to attract social capital to participate in public projects,promote social and economic development and public service construction,it is of great significance.The first is to arrange the exit mechanism of social capital for PPP projects at the national legal and policy level,and to clarify the central and government departments and local legislative authority,both to enhance the effectiveness of the norm,and to prevent the regulation of conflicts;Second,the reasons for the strict withdrawal of social capital markets.The conditions are particularly necessary for the unilateral right to waiver of social capital and the conditions for the exercise of the government's unilateral right to release.The third is to standardize the specific content and operating procedures of the PPP social capital exit system,including the government repurchase obligation arrangements,compensation payment methods,equity transfer conditions,and company liquidation dissolution procedures,and the fourth is to clarify the civil law attributes of PPP contracts and establish Consultation-based,litigation-arbitration dispute resolution mechanisms.