State Guarantee Liability Under Privatization Of Water Industry

Along with the trend of privatization,China proactively carries out cooperation with the private sector in the water sector and encourages non-governmental forces to actively participate in the performance of public tasks in the water sector.On the one hand,it is beneficial for the folk to open up the market and stimulate the vitality of the folk;on the other hand,the government can take this opportunity to ease the financial strain and the pressure of multifarious personnel,improve the efficiency of public tasks and serve the people in a better way.However,after the public task is performed by the social private sector,the state will not withdraw from it,but will ensure the original intention of privatization,that is,to better provide services for the people,so as to prevent the social private sector from neglecting public welfare in pursuit of interests.Therefore,the state will assume the responsibility of guarantee.However,in the practice of privatization of water supplies,the implementation of the state guarantee responsibility is not in place and there are many problems.Hence,it is necessary to study the specific implementation.Currently,the research on the state guarantee responsibility is mostly biased towards macro research,and there are not many micro researches combined with specific industries.Thus,this paper innovatively combines the privatization of water industry to study the state guarantee responsibility.In this paper,the structure of the paper is divided into four chapters aiming at the state guarantee responsibility under the privatization of water supplies.The first chapter is regarding the state responsibility under privatization,discussing the new changes of the state responsibility brought by privatization,taking the hierarchy of responsibility and the distribution of responsibility as the research route,focusing on drawing out the state guarantee responsibility;The second chapter lengthens the above and studies the legal basis and theoretical basis of the state guarantee liability;The third chapter mainly demonstrates the implementation of the internal guarantee responsibility of the state,which refers to the implementation of the internal legal relationship between the state and the private or enterprise cooperating to undertake the public service,specifically manifested in the state's responsibility in the selection of the contracting object and the signing of the contract;The fourth chapter,which is the implementation of the state's external guarantee responsibility,refers to the state's guarantee that the private partners will not infringe the public interest in providing services and the services provided can meet the needs of the public during the privatization phase,specifically the state's supervision and control responsibility for the services provided by the private partners.