Research On Legal Risk Prevention Of Public-private Partnership(PPP)

With the continuous development of China’s economic and social situation,the social public infrastructure and public services,both in terms of quality or quantity are put forward higher request to the government,the government as a traditionally infrastructure and public service providers,has been unable to satisfy this requirement,so in order to achieve both can satisfy the people’s expectations,and better performance of the social management function,government and social capital of the new model was born.Government and social capital cooperation(PPP)model as a new social governance model,at present in our country is mainly used in transportation,water conservancy,construction of infrastructure and public services such as education and hospitals to provide project,such as adopting this model can generate the following benefits to the government: a,can effectively solve or alleviate the government in the construction of infrastructure and public service supply insufficient funds;Second,it can promote the government to realize the change from the role of supplier to the role of supervisor,so as to improve the work efficiency of the government;3.It can activate social idle capital,mobilize the enthusiasm of social capital participation,and enhance the vitality of the market,so as to reduce the government’s risks in infrastructure construction and public service supply,and further realize the rational allocation of social resources and risks;Iv.Be able to use the advantages of social capital in project management and operation to provide better infrastructure and public services for the people.At the same time we also want to see in which mode the risks,especially the legal risk,because of the PPP model itself has the characteristics of huge investment,long project cycle,and the PPP model in our country is still at the development stage,related law and system construction is not mature,make government party and social capital party liable to occur in the practice of the PPP mode of legal risk.In order to make the model of cooperation between government and social capital better serve our social and economic development,it is necessary to guard against these risks,and legal risks,as the most important part of many risks,become the focus of attention of all parties involved.The centralproblem of this paper is how to prevent the legal risk.The full text is divided into four parts,the specific content of each part is as follows:The first part expounds the basic theory of PPP mode,which is mainly divided into the following parts: First,it introduces the concept and characteristics of PPP mode,and clarifies the concept,characteristics and similarities and differences between PPP mode and franchise operation by introducing the current regulations in The UK,Chinese Taiwan and China.Second,it introduces what parts of PPP agreement are composed of,which legal subjects participate in it respectively,and what legal relations exist among each legal subject.Third,the nature of PPP protocol is introduced.The nature of PPP protocol is an important factor for legal risk prevention.By comparing different definitions at home and abroad,the author puts forward his own views..The second part,the analysis of the PPP in the operation process of the legal risks,mainly divided into the following several parts: one is to define the legal risks,understand the characteristics of the legal risks,the stages and steps in the analysis of the PPP project content such as why legal risk,specific performance,different legal subject is how to view different legal risk;The second is to list seven common legal risks of PPP mode and make a brief analysis of these risks.On the basis of the classification,different legal risks are analyzed from both qualitative and quantitative perspectives.The third part introduces the experience of Britain,France and other countries and regions in the development of PPP model.The author mainly introduces the applicable background,the development of relevant policies,the legislation model,the management model,the supervision model and the dispute settlement model,so as to find the model that can be used for reference for the healthy development of PPP in China.In the fourth part,the author summarizes the advanced experience of PPP mode both at home and abroad,and puts forward targeted Suggestions based on different types of legal risks.