Research On Government And Social Capital Cooperation (PPP) Legislation

The PPP(Public-Private Partnership)model is a long-term cooperative partnership established between the government and social capital in order to transform government functions,alleviate the pressure of insufficient financial funds,increase the government's efforts to provide public services and build infrastructure.In China,the following problems exist in the operation of PPP: Firstly,there is a lack of a complete PPP legal policy system.The existing laws and policies are not effective and cannot effectively guide the operation of PPP.Secondly,there are existing effective PPP guidance policies in China.Because there is no unified formulation body,they all formulate related PPP policies based on their own interests,which has caused conflicts between PPP related policies.Thirdly,the existing PPP documents in China are all policy documents.Compared with unified laws and regulations,their stability is poor,which causes more problems in the practical operation of PPP.Therefore,it is particularly necessary to legislate in time for PPP and to develop a unified PPP legal norm.From foreign experience,the United Kingdom,Canada,South Korea,Australia and other countries have established legal regulations applicable to PPP for their own countries,which guarantees the normal operation and success of PPP.Therefore,China can learn from the experience of other countries to carry out its own PPP legislation,in order to solve the problems that arise in the operation of PPP.And to implement the PPP legislation in line with China's national conditions must be based on the principles of mutual benefit and win-win,risk sharing and fair competition.At the same time,scientifically set up legislative content,such as clarifying the nature of the PPP agreement,reasonably defining the scope of application of the PPP agreement,and stipulating the dispute resolution mechanism of the PPP agreement to promote the healthy and orderly development of PPP.