Research On Legal Regulation Of Public Private Partnership(PPP)

The abbreviation of the PPP is the Public-Private Partnership,cooperation of government and social capital in Chinese,it is put forward for the first time and is the first application of PFI(Private Finance Initiative)is put forward,the countries all over the world in the field of infrastructure and Public service to vigorously carry out the PPP mode,typical country is the United States,Britain,etc.,in Asian countries such as Japan and South Korea.Through the PPP is the nature of government and social capital in infrastructure and public services to establish a new type of long-term partnership,in the PPP mode,government and social capital,risk sharing,Shared interests,the government by the public product and the service provider to organizers,collaborators,and change of the role of the regulators.Its pattern is usually composed of social capital to undertake the design,construction,operation,maintenance,infrastructure,most of the work,the social capital through the "user pays",and the necessary government pays "to get a reasonable return on investment,and government departments to grant its franchise,is mainly responsible for infrastructure and public services in the field of price and quality supervision,to ensure social capital PPP contract obligations according to law,ensure the maximization of social public interests,meet the needs of the social public.On July 31,2013,in under the auspices of the state council premier Li Keqiang,the state council executive meeting,was held at the further study of the cooperation of government and social capital issues,the meeting,for the social capital into the country's public services provide the breakthrough.At the end of 2013,the ministry of finance across the country began to vigorously promote the government and social capital cooperation mode that the PPP mode,the Treasury thinks the promote the use of PPP model in our country,not only can promote upgrading of cooperation modes of government and social capital,but also an institutional change in China.Promote the PPP mode,however,is not an easy thing,the government simply implementing PPP as ease the financial pressure,a solution to the problem of the insufficient funds that gravely deviates from the government in infrastructure and public services to promote the PPP mode,improve the efficiency of the supply of public services and products,the purpose of maximizing social benefits;What's more,because our country at present is not unified legislation of the PPP,the ministry of finance and the national development and reform commission and other ministries issued policy documents that acted also exist differences,not form a unified perfect policy system,and even existing policy documents,there is a conflict between social capital and credit system and risk sharing system,the controversial dispute resolution mechanism is still not perfect,lead to social capital to participate in the PPP's enthusiasm is not high.Therefore,it is very important to carry out legal regulation and system construction in China's PPP mode.This paper is divided into five parts to discuss:The first part is the introduction,mainly introduces the cooperation of public private partnership(PPP),the selected topic background and significance of the study of legal regulation of the research both at home and abroad,research methods and so on.The second part mainly introduces the overview of the legal regulation of the government and social capital cooperation,through the combing of the PPP law concept,define the concept and legal nature of the PPP law in our country,the article then on the legal characteristics and legal form of PPP effective comb,and the necessity of cooperation of public private partnership and the present situation is analyzed.This paper emphasizes the analysis and combing of the basic theory of PPP from the theory of the legal base,and enhances our understanding of PPP,which also plays a role in the legal regulation of the following PPP.The third part mainly introduces the domain of legal regulation of the inside and outside the PPP comparison,respectively summarized represented by the United States,Britain,the Anglo-American law system and the continental law system represented by South Korea,Japan region of the PPP law regulation experience,as well as in mainland China and Hong Kong and Taiwan legal regulating of the PPP experience,and then compare this.From its stipulation,it is concluded that China needs to establish special institutions to regulate PPP,which also needs to establish a perfect legal system and also provide policy support.The fourth part mainly introduces the legal regulation of our government and social capital cooperation of the existing main problems,one is the legislative system is not sound,lack of basic level vacancy and legislative level is low,and the laws and regulations and regulatory policy conflict exists in the rules;Second,the market supervision mechanism is not perfect,mainly from the market regulator role needs to be clear,function remains to be clarified,process needs to be standardized,the system needs to improve security,such as Angle,so from the perspective of the regulation of long-term plan of the PPP,must perfect the supervision mechanism of PPP.The fifth part mainly from two aspects:legislation and law enforcement to improving Suggestions of legal regulation of the PPP,from the legislation level,should strengthen the legislation construction on the level of the basic law,laws,regulations and policies in coordination with the legal clear specification,finally should be integrated unified the PPP guide construction;From the law enforcement level,should improve the legal supervision system of PPP in our country,should make clear the role of market regulation functions positioning,clarify the function of market regulators division of labor,standardize the market regulatory process,finally to perfect the market regulation system safeguard.