Research On The Temporary Government Takeover System In Public-Private Cooperation

With the rise and development of public-private partnerships in China,the regulatory role of the government has become increasingly important.For the purpose of public interest protection,the temporary takeover in public-private partnership as a kind of administrative act embodying the responsibility of government supervision has its rationality and necessity.However,in practice,the temporary takeover system in public-private cooperation in China is still in its infancy,and there are no clear regulations on the conditions for taking over and the procedures for taking over,which leads to the lack of legitimacy of the government in the temporary takeover work.The number of lawsuits triggered by temporary takeovers has been on the rise.In the absence of institutional constraints,temporary takeovers will make the government have the possibility of abuse of power.It not only hinders the healthy development of public-private partnerships in China,but also infringes on the management rights and property rights of social capital parties.Timely and effective takeover,the supply of public services will be interrupted,the public interest will be threatened,and even the stability of social order will be affected.Therefore,it is necessary to study the temporary takeover system in public-private partnerships.The temporary takeover in public-private partnership is not a takeover in the purely market sense.It has the discussion of power regulation in the context of public law attributes,and it involves the involvement of administrative power,which is characterized by necessity,compulsory and transitional.The design of any system needs to be justified at the theoretical level.The rise of guarantee administration,the protection of public interest,the theory of public choice,and the public regulation of risk are all sufficient to demonstrate that the government has an indispensable "rescue" role in public-private partnership.Study the theoretical starting point of the temporary takeover system.Returning to practice,the vigorous development of public-private cooperation urgently needs the perfection of the temporary takeover system in order to meet the actual needs.The system construction design is carried out around the principle of legal reservation,the principle of balance of interests,the principle of administrative benefit,and the principle of due process.Specifically:First,from the perspective of subject regulation,the power boundary is defined on the basis of unified integration of the takeover mechanism;secondly,from the perspective of pre-regulation,the judgment of the emergency response and the public interest is clear.And control the time limit for taking over;thirdly,the angle of the regulatory system is mainly from the start-up procedure,hearing procedure,and implementation procedures of the temporary takeover;fourth,in the post-regulation perspective,the effect of the temporary takeover is evaluated,and The channels of legal remedies for the parties are unblocked;fifthly,from the perspective of information opening,the subject and content of information disclosure are temporarily taken over.