| The PPP model is a relatively popular model in recent years.All countries have extended it and made some expansions in line with national conditions.In recent years,China has also begun to vigorously promote the PPP model for the following reasons: 1.The government and social capital parties can effectively reduce the government ’s financial pressure and burden of power during the cooperation process,and can supplement in time during the project funds.2.Make the project landing standard higher,and bring vitality to the infrastructure construction,and bring one-to-one results to the Huimin project.3.More opportunities for cooperation between the government and social capital have allowed private capital to develop and government work to proceed in an orderly manner.However,China’s PPP model started relatively late,and the legal environment for the development of the PPP model is not perfect.In real life,the construction and development progress of the PPP model project is far lower than expected,and the actual signing rate and landing rate are not high.In the whole process of project preparation,execution,and operation,the social capital side bears the responsibility of the main body of the project implementation.Although the construction of the project has a self-evident promotion role in all aspects of the enterprise development of the social capital side,the implementation In the process,the various problems faced by the construction of the project and later operations will still trouble the main body of the social capital in terms of manpower,funds,time,etc.,and it will also be manifested in the unreasonable and ineffective risk allocation between the government and the government.Identify the types of risks that may occur and fail to carry out effective risk management and prevention.Therefore,in the PPP model project,the social capital party will be relatively in a high-risk position.Therefore,in practice,social capital is more of a wait-and-see approach to PPP model projects,and not many of them are really involved.In order to ensure the development and improvement of PPP projects,our top priority is to discuss in depth how to prevent or increase the confidence and passion of social capital parties by establishing an effective social capital party risk prevention mechanism,and accelerate the deeper promotion and development of PPP in China.Based on this,this article discusses the prevention and control of legal risks of social capital in PPP projects.The full text is divided into four parts:The first part is the theoretical concept of the PPP model and an overview of the risks faced by the social capital side in China’s PPP model.From a theoretical perspective,explain the concepts related to the PPP model,the types and characteristics of the risk model under the development of China’s current PPP model,and specifically analyze the risks that the social capital party may face in each stage of the PPP project.The second part is about the analysis of the causes of legal risks faced by social investors under the PPP model in China.By sorting out the current legal policies,the specific operational methods and existing problem risks in practice,and the various opinions of different scholars on the causes of risks,we have sorted out the causes of risks faced by more comprehensive social capital parties.The third part is to sum up the experience of some countries with relativelymature PPP model development abroad and relevant experience enlightenment.In the1960 s,the PPP model gradually appeared in the world with the new public management movement in Western countries.After a long period of development,the practical experience of many countries is relatively mature compared with China,and it has been recognized and promoted by many countries in the world..This chapter analyzes the practical experience that can be used for reference in China through the practice of PPP model development in the United Kingdom,Australia,France and other countries.The fourth part is to provide comprehensive suggestions on the legal risks faced by China’s social capital,from legislation,dispute resolution,social capital’s exit mechanism,social capital’s risk identification and management,and operation and supervision after the project is completed. |
