System On The Award Of Concession Contracts In EU And Its Enlightenment To The Establishing Of Legislations Concerned In China

The Directive of the European Union on the Award of Concession Contracts(2014/23/EU)is an important part of the European Union public procurement law system,and it is the first time the EU has introduced concession into the directives which is in the field of public works and services.In recent years,with the development of projects on concession operating model of PPP in China in full swing,for infrastructure and public utilities concession legislation has entered a crucial stage,the legislative practice of the governmental concession around the world,the EU legislation is the most mature,the most suitable reference for our country.This article firstly from the historical development and the creation background of The Directive of the European Union on the Award of Concession Contracts,a detailed analyzed of the core content of Directive from three aspects,namely:the scope and general principles of concession,principles and procedural guarantees of concession performance of concessions,thus summarizing the EU experience on concession construction system.Then base on the analysis of China governmental concession system,and from the point of view of legal transplantation,demonstrating the feasibility and necessity of the governmental concession legislation in our country,which is based on the concession of the EU legislative experience.Overall,our country should draw lessons from the experience of the EU and adopt a single independent law model for governmental concession and through the following three aspects to perfect:the Most Economically Advantageous Tender,innovative partnerships and single procurement documents;to establish general rules to coordinate application of different laws;pay attention to the balance between discretion of the purchasing agent and the principle of transparency.