The Research On Legal Risk Control Of Public-private Partnership Model

The PPP model has the characteristics of publicity,equality and long-term cooperation,and its core legal relationship is the legal relationship between the government and social capital.China is still in the early stage of PPP development.Due to the characteristics of large investment in infrastructure,long cycle,and large changes during the period,and the supporting legal system is not perfect,there are many practical problems in practice,facing a variety of legal risks.There are typical legal risks in the operation of the PPP model,such as the risk of imperfect risk sharing mechanism,the risk of project contract performance,and the risk of poor dispute resolution mechanism,which need to be prevented.China ’s PPP operation risk distribution mechanism has not only unclear problems such as lack of risk sharing procedures,systems,and technical design,but also unreasonable problems such as lack of risk sharing mechanisms.It is necessary to clarify the principles of risk distribution,build a risk sharing mechanism,and grasp the dynamic balance of risk sharing.There are some performance risks in PPP mode,such as the opportunistic risk of social capital and the negative effect of government ’s abuse of administrative priority right renegotiation.It is necessary to prevent the opportunistic risk of social capital by strengthening the feasibility demonstration and value-for-money evaluation of project establishment and approval stage,improving performance evaluation and assessment,and strengthening PPP project supervision.It is necessary to prevent the risk of government ’s abuse of administrative priority right by standardizing the exercise conditions of administrative priority right and strengthening the supervision of administrative priority right.It is necessary to prevent the risk of negative effects of renegotiation by strengthening the whole process specification of renegotiation,clarifying the ’ negative list ’ of renegotiation,and giving play to the normative role of model contract text.he lack of clear relief channels for judicial solutions and the difficulty of arbitration as a dispute resolution method make the PPP project contract dispute mechanism not smooth,and the legal risks that conflicts and disputes are difficult to resolve.It is necessary to strengthen the litigation solution through the improvement of administrative incidental civil litigation and civil incidental administrative litigation.It is necessary to establish and improve the operation mechanism of third-party professional mediation institutions to play the role of third-party professional mediation institutions in PPP project dispute resolution.The legal risk prevention of PPP mode not only needs to design special measures for specific risks,but also needs to improve the macro operating environment,that is,to improve the legal policy environment and cultural soft environment of PPP.In terms of improving the PPP legal policy environment,the PPP legal system needs to be improved.A high-level and rich PPP law needs to pay attention to the top-level design and strengthen the construction of the PPP legal policy system framework.In terms of improving the cultural soft environment of PPP operation,it is necessary to build a cultural soft environment of mutual trust between government and enterprises through joint participation at the organizational level,enhancing the rationality and scientificity of the cooperation system,establishing and improving the information sharing platform,and building a normal communication mechanism.It is necessary to build a cultural soft environment for public participation by strengthening publicity,improving information disclosure,and expanding public participation channels.