Research On The Legal Regulation Of Public-private Partnership

Public-private cooperation pattern is the public sector and private sector to supply public products of a kind of cooperation mode,its core is cooperation to the private sector by the government and the private sector and private cooperative system to the field of public product,introduced the signing of the agreement,a public-private partnership model in public infrastructure construction,as a kind of method has been effectively used in foreign countries,and our country in recent years has been to explore,in some areas has made useful attempts in some places,to ease the government's fiscal pressure,improve the efficiency of public goods supply and quality are of great help.Public-private cooperation projects were part of the market economic activities,but there exists a social and public interests maximization and the conflict between private sector capital benefit maximization and the administrative privileges and the contradiction between freedom of contract,at the same time as the important guarantee for the mode of legal system is obviously lagging phenomenon,including supervision and relief are not clearly defined.Public-private partnerships is the core of the franchise,embodies the allocation of rights and obligations in the public-private partnership agreement,public-private cooperation agreement is between the department of government and the private sector with the parties concerned to the assignment of the relevant management,ownership and distribution rights and obligations of the contract.Sure about the properties of the public-private cooperation agreement for the operation of the public-private partnerships to regulate all play a very important role,public-private cooperation agreement involves the tripartite main body,including the government(public sector),the distribution of the private sector and its rights and obligations will involve the interests of the public.The government bear the rules in public-private partnerships,regulators and triple role of project participants,among them,the government regulators the identity of the demanded that the government must be careful of the entire project supervision.In addition,because public-private cooperation project is closely related to the social public interests,the protection of social public interests are very important,should not only embodied in the regulation of public-private cooperation project,should also be reflected in the public-private partnerships infringement occurs on the public relief.The regulation on public-private partnerships can be consider from three aspects,including public-private cooperation projects in the early about the government's choice of partner of the government investment,regulation of public-private cooperation projects and public supervision.The regulation of government investment has its theoretical basis,the ultimate goal is to ensure that the functions of the government,guarantee the realization of public interests;Public-private partnerships for public-private cooperation project supervision coverage to carry out the operation of all stages;Finally public supervision is very important for public-private partnerships,the public as a public product or service of the final consumer and evaluators can experience more,play a role of public supervision and regulation has a role of public-private partnerships.Public-private cooperation in the current relief system in C hina lacks the protection of the third person,at the same time,it is not yet clear whether the administrative litigation,by analyzing the shortage of the existing system,according to the theory of public-private cooperation system designed,in order to,the nature of the public-private cooperation agreement,and the relevant theories of different system,attempt to put forward the way to solve the problem,such as the application of the mediation system,administrative litigation and the application of the national compensation system,in the hope of public-private partnership model for guidance on law and regulation,in order to achieve the value pursuit of well-being of the people's livelihood and the demands of market benefit balance,avoid a waste of social resources and risk spreading,and ensure the smooth operation of the public and private partnerships launch and operation,better play to the functions of the government,in the service of the public.