Research On The Legislative Issues Of Government Responsibilities Under The PPP Model

In the process of China's market economy construction,the rapid development of PPP projects undoubtedly plays a very important role.As the main body of PPP project,it is very important for the development of PPP project to play its role and fulfill its responsibilities.Therefore,it is of great significance to study the legal issues of government responsibility.This paper takes several failure cases and prominent problems in the practice of PPP projects in China as the introduction point,finds the government's mistakes in the practice of PPP projects,analyzes the reasons for the mistakes from the legal perspective,and puts forward suggestions for improving the legislation through the analysis of relevant theories and the comparative study with foreign advanced legislative experience.This paper is mainly divided into four partsThe first part focus on the government's responsibilities,then,introduces the concept of PPP mode and defines the scope of responsibilities of local governments in different stages of PPP project implementation.In the second part,paper introduces and comments on the current legislation of government responsibility in PPP mode,and points out the problems existing in the legislation of government responsibility under the PPP mode in China,such as the lack of specific legislation of PPP mode and the deficiencies of its draft of soliciting opinions;the legislation related to government supervision responsibility is not clear;the legislation of government responsibility is not specific;the legislation of government responsibility is not clear;The relevant legislation of government review responsibility is not specific;the relevant legislation of government information disclosure responsibility is not perfect.At the same time,it analyzes the causes of these problems.The third part,paper introduces the relevant legislation and systems of several countries with advanced experience in the construction of PPP mode government responsibility legal system from the perspective of comparative law,such as the perfect government supervision legal system of UK PPP mode;the specific legal provisions of Egyptian government performing the review duty in PPP mode;Canada's legal system of combining central and local legislation.Through the introduction and analysis,this paper summarizes the advanced legislative experience that can be used for reference in China.In the fourth part,combined with the advanced legislation and system in the third part,aiming at the problems existing in the legislation of government responsibility of PPP in China,this paper first points out the basic theories and principles that should be followed to improve the legislation of PPP government responsibility,and then puts forward the corresponding and feasible legislative improvement countermeasures,including:1.Speeding up the production and promulgation of "PPP basic law",and put suggestions aiming at its draft forward to improve the provisions on government responsibilities,such as adjusting the article structure,modifying the "competitive negotiation" to "comprehensive scoring bidding",adding the qualification requirements for personnel performing duties,and improving the provisions on accountability for dereliction of duty;2.Further clarify the relevant legal system of government regulatory responsibilities:strictly allocate regulatory rights,establish PPP project services and products The legal mechanism of real-time price detection and the dynamic payment mechanism of the government;3.Improve the relevant legal system of the government's review responsibility:clarify the review content and review standards;4.Adjust the relevant laws and regulations on the responsibility of information disclosure:increase the legal responsibility of the government to perform the duty of information disclosure unreasonably,change the remedial party to the government and the information provider,and Increase penalties for non-public information items themselves.