Evaluation Of The Legal Mechanism Of The PPP Model

As early as the mid-1980 s,China has begun to explore PPP projects in the form of franchise,government procurement,equity cooperation,and public service purchase.However,since the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China proposed that “ permit social capital to participate in urban infrastructure investment and operation system through franchising and other means”,PPP has quickly entered a brand-new rapid development period.In 2014,it was considered a PPP model.This year showed that the model has entered the high-level vision of national design.With the widespread promotion and development of the PPP model,after reaching its climax in 2017,the development of the PPP model has gradually evolved from "barbaric growth" to perfection and regulation,gradually forming a legal framework for the PPP model,and a sound legal mechanism is conducive to Promote the high-quality development of the PPP model.The development of the PPP model as an innovative cooperation method has also faced many problems so far,such as: difficulty in financing,Government dishonesty,and unclear sharing of risks.This series of problems has caused obstacles to the development of the PPP model.The PPP model faces these problems to a large extent due to insufficient legal regulations,unclear legal risk sharing,and uncertainties in the parties' expectations of their respective behaviors.Academia's research on the PPP model mainly focuses on the legal issues of the PPP model from the perspective of subject relations,risk sharing,and public interest.The core problem of this article is to evaluate the legal mechanism of the PPP model,to use the quantitative assessment of legal elements to measure the legal mechanism of the PPP model,and to compare internal and external,vertical and horizontal through a single legal text and a systematic text,and find that The problems existing in the legal mechanism of the PPP model,and then put forward legal suggestions for the problems in the legal mechanism of the PPP model.The main content is divided into five parts:First,it analyzes the necessity and possibility of evaluating the legal mechanism ofthe quantification of elements in the PPP model.Theoretical analysis of the theory of transaction costs,the ternary subject structure and its allocation of rights and interests,the prevention of legal risks,and the liability mechanism,theoretically found that the evaluation of the legal mechanism of the PPP model has its theoretical requirements.In practice,the evaluation of the legal mechanism of the PPP model is helpful to understand the current legal status of the PPP model,and it is more helpful to view the legal risks of the PPP model from a dynamic perspective.Guiding significance.In terms of methodology,this article refers to the quantitative assessment method of elements obtained by the Australian scholar Ian.D.Hannam through years of theoretical research and practical summary in the field of environmental and water resources management in environmental law.Determine its evaluation elements,which are divided into four core elements: contractual constraint mechanism,regulatory constraint mechanism,public interest expression mechanism,risk prevention and diversified dispute resolution mechanism,and use the value judgment of legal hermeneutics to make up for the lack of objective evaluation.Secondly,after determining the method that the legal mechanism of the PPP model can use quantitative assessment of elements,the objects to be evaluated need to be determined.Based on the two core standards of relevance to the PPP model and relevance to the legal mechanism of the PPP model,it is determined that the objects selected and selected in this article are the legal texts at the central and local levels.Once again,it is the core content of this article.After the evaluation target has been determined,a quantitative evaluation of the legal mechanism of the PPP model has begun.The first level is the evaluation of a typical legal text of a single part of the "Guide to the PPP Contract of the Ministry of Finance".Based on the judgments of "yes" or "no" of the elements,combined with the value judgment of legal hermeneutics,the advantages and disadvantages of the legal text of the ministry are obtained Conclusion.The second level is a systematic evaluation of legal texts.It quantitatively evaluates the differences between the legal texts' systematic,and whether the legal texts of different levels and different effects have been gradually refined.The requirements of mutual complementation can also be seen.Circumvention,different regulations on the same type of issues.Thirdly,after the quantitative evaluation of the legal texts horizontally,vertically,internally and externally,the current situation and existing problems of the legal mechanism of the PPP model are reflected.The main problems found in the legal mechanism of the PPP model are: low legislative level,conflict of application,unknown nature of the PPP agreement,unclear positioning of the government,Government dishonesty,unclear regulatory consultation,limited public participation rights,lack of public prior supervision,and organization Issues such as low level of expression,unclear litigation methods and procedures,and the effectiveness of the terms of the agreed arbitration.Finally,the problems existing in the PPP legal mechanism are reflected and suggestions are made for improvement.First,from the perspective of improving the contract constraint mechanism,it proposes to improve the legal level from the level of substantive law and fill legal gaps to solve fundamental,directional,and basic problems;second,from the perspective of improving regulatory constraints and the public interest expression mechanism Put forward suggestions for improving substantive law with procedural law,scientific decision-making with democratic participation,and system transformation with performance management.Third,from the perspective of improving relevant laws,put forward suggestions on where relevant laws and regulations need to be improved.