Research On Legal Issues Of PPP Model In China

PPP mode can not only fully mobilize social capital to participate in the supply of public goods or services,improve the supply efficiency of public goods or services,reduce costs,and relieve the financial pressure of the government,but also further broaden the investment channels of social capital,promote the transformation of government functions,and transform into a service-oriented government.For this reason,PPP model has been favored by the government and the society.In recent years,PPP model has been widely used in infrastructure construction and public service supply in the fields of transportation,sewage and waste treatment in China,and has achieved remarkable results.However,with the arrival of a large number of PPP projects,there are more and more legal disputes caused by PPP project supervision and PPP contract,and some problems in PPP model are gradually exposed.At present,the laws and administrative regulations related to PPP have been absent for a long time,the legal nature of PPP project contracts is quite different,and the dispute settlement approach is not systematic.However,the existing normative documents are difficult to effectively solve the above problems in PPP.Therefore,in this paper,the integrated use of literature analysis,empirical analysis and comparative analysis of research methods,from two aspects of theory and practice research on the PPP model in our country,summarized and analyzed the problems existing in the PPP mode,and put forward countermeasures,targeted specification to the PPP model in our country development and improve the legal system of the PPP mode plays a certain help.In addition to the introduction of Chapter 1 and the conclusion of Chapter 6,the main body of this paper includes the following four parts:The first part is an overview of PPP mode.In this part,the basic theory of PPP model is studied,that is,the legal concept of PPP model is defined,and according to the ownership of PPP project property rights,the PPP model is divided into three types: limited property rights,mixed property rights and complete property rights,and the legal characteristics of PPP model are summarized.In addition,the paper studies the status of government and social capital in PPP mode respectively,and points out that the government is both a "partner" and a "regulator",while the social capital is "operator" and "regulated".In addition,the theoretical basis for the development of PPP mode in China and the government’s supervision of PPP is summarized,and the legal characteristics of PPP are combined to elaborate,such as the theory of public goods,the theory of new public management and the incomplete legal theory.The second part investigates and uses for reference the PPP model outside the region.This part investigates the development of the PPP model and relevant systems in the United States and the United Kingdom,and draws lessons from them to improve China’s PPP model legislation,PPP project supervision,and PPP project contract dispute resolution.The third part is the legal problems existing in China’s PPP model.This part mainly combines the practice of PPP in China to summarize and sort out the legal problems existing in China’s PPP model,that is,through sorting out the policies and normative documents related to PPP model,it points out the contradictions and conflicts between the above-mentioned policies and normative documents,and the long-term absence of top-level legislation in PPP model.In addition,from the theoretical research and judicial practice of the two aspects of the legal nature of PPP project contracts to sort out the existing differences,and pointed out that the current PPP project contract dispute resolution mechanism is not systematic.In addition,from the social capital side supervision and the government side supervision two aspects of in-depth analysis of the PPP project supervision in China’s PPP project supervision subject confusion,PPP project government contract performance supervision is insufficient.The fourth part Suggestions of perfecting our country’s PPP mode.This part mainly proposes solutions to the problems existing in the PPP model in China.For example,suggestions are put forward for revision of the deficiencies in the draft of administrative regulations and laws specially issued in the PPP model field,hoping to help speed up the top-level legislative supply of the PPP model.It is considered that PPP project contract should be classified as a mixed contract,which is most suitable for the nature of PPP project contract and the original intention of PPP system,and the dispute settlement approach of PPP project contract should be selected according to the specific dispute matters.We will put in place a supervision system for PPP projects under which "one principal unit,more than one subsidiary unit",and strengthen supervision over the government’s performance of contracts.