| It can be seen from the reports of the leaders of the Party Central Committee and the main leaders of the Ministry of Transport that China attaches more and more importance to road traffic construction.As the most popular mode of travel,roads have undertaken a large part of the tasks of people’s travel and freight transportation in China,and have a vital role in economic development.According to China Transportation Yearbook（2018）statistics,China ’s highway passenger and freight transportation volume and turnover volume are ranked first in the world.Expressways have undertaken more than one-third of the passenger and freight volume of the whole society,and have become a real transportation power.However,the increase in national fiscal revenue cannot effectively support the rapid development of highway infrastructure construction.Therefore,ministries and commissions such as the Ministry of Finance and the Development and Reform Commission encourage the adoption of the PPP model to attract social capital,including state-owned enterprises,private capital and foreign capital,to invest.The research on the benefit protection of PPP projects,combined with the characteristics of toll road PPP projects,explores the benefit protection measures applicable to PPP projects in this industry,so as to increase the enthusiasm of social capital to participate in toll road PPP projects.The first chapter mainly talks about the status and existing problems of social capital interest protection of toll road PPP projects.First,the characteristics of toll road PPP projects are described,including long project operation cycles,single project financing channels,diversity of project operation types,and the role of government and social capital in the project implementation process.The project concession adopts methods such as quoting relevant data and arranging the existing laws and regulations,and by studying the characteristics of the toll road PPP project and the existing related laws and regulations,it points out the status of toll road PPP project’s social capital protection and the toll road Problems with PPP projects.The former includes the current status of pricing rights for toll road PPP projects,the current status of risk sharing regulations for toll road PPP projects,and the current status of the protection of social capital interests of toll road PPP projects.The latter mainly includes unreasonable pricing rights.2.The project risk sharing mechanism is unreasonable and the relief channels are not perfect.The second chapter mainly solves the problem of unreasonable regulation of pricing rights of toll road PPP projects.First,through the study of laws and regulations,combined with some examples in practice,the following three reasons are pointed out.Then,the successful pricing methods at abroad are studied,the pricing methods of the line are summarized and summarized by the government-supervised industry association-led approach and the government and social capital joint participation approach.According to the main considerations of these two pricing methods,it is concluded that the pricing method of toll road PPP projects needs to consider the project cost of social capital,the reasonable return of social capital,and the public welfare of infrastructure.Finally,for the reasons for the unreasonable regulation of pricing rights of toll road PPP projects,the following three suggestions are made: 1.Clarify the applicable scope of government pricing and hearing pricing;2.Reasonably apply the ceiling price control;3.Determine the society The scope of reasonable return of capital in toll road PPP projects.The third chapter mainly solves the problem of unreasonable risk sharing mechanism of toll highway PPP project.According to the standard PPP project contract model developed by the Ministry of Finance and the Development and Reform Commission,the risks of PPP projects are divided into three categories: legal risks,market risks and force majeure risks.At present,the irrational risk sharing mechanism mainly focuses on legal risks and market risks.From the aspects of standards and contract regulations,the government’s positioning of PPP projects,the deep-seated reasons for the above-mentioned risks are summarized as follows: lack of government integrity,inadequate refinement of standardized risk sharing mechanisms for project contracts,and transfer of large amounts of risk to social capital Party,did not set up a reasonable project exit mechanism.Based on this,five measures were proposed: 1.Establishing government integrity files;2.Refining the scope of different types of risks in standard contracts;3.Reasonably allocating government and social capital risk ratios;4.Establishing corresponding risk responsibilities Processing mechanism;5.Establish a project exit mechanism based on the responsibility of different project subjects.The fourth chapter mainly solves the problem of inadequate relief channels for the damage of social channel interests in toll road PPP projects.Currently,the main relief channels are consultation,mediation and litigation.Based on the research on the relevant clauses of the relief channels of the model contract standardized by the Ministry of Finance and the Development and Reform Commission,it is concluded that there is a lack of an effective dispute assessment mechanism,a lack of credibility of the dispute mediation mechanism,and the incorrect status of government and social capital in litigation.Wait for these questions,according to research on relief channels in developed countries such as Europe,the United States and Taiwan of China,there are mainly non-litigation dispute settlement mechanisms covering arbitration and mediation outside of litigation,a "two-stage theory" that distinguishes the nature of contracts,the two aspects of the mechanism are worth learning from.Based on the existing problems,put forward perfect suggestions: 1.Establish a third-party loss assessment mechanism;2.Set up a dispute mediation agency covering the competent authority of the industry to which the project belongs;3.Differentiate the legal nature of highway PPP project contracts;4.The establishment of third-party neutral dispute resolution including expert rulings and arbitration;5.Actively explore applications for PPP projects Summary Arbitration or Civil Procedure. |
