Legislation And Prospect Of Public And Private Cooperation In Taiwan

Due to the high speed development of society, public affairs are growing, the functions of the government is also expanding,governments are facing the problem that too much work and do not have enough people, but limited by factors such as budget, personnel, professional and legal system, often can not provide to the satisfaction of public service, therefore, how to use the limited resources to provide the maximize service to public is one of important topic to government today.Entrepreneurial government is arises at the historic moment, thus gradually changing the traditional concept, many government shall be the business, services and facilities in the past, now have to cooperate with the private industry. Such measures, not only help to improve service quality and efficiency, also can improve economic efficiency, to create business opportunities and job opportunities, from public to private, are mutually beneficial.In addition, "citizen participation" and the idea of cooperation between the public and private sectors production and practice has been widely used in advanced countries, interactive mode of the public and private sectors has from the traditional vertical division interactive mode of complementary interaction model between the public and private sectors, and then developed into the so-called horizontal integration interactive mode, interaction with the public and private sector has been developed from the traditional "command obedience", "cooperate- complementary" into "agreement, cooperation and partnership" equal relationship agreement. The contractual relationship of reason by outsourcing service procurement, or on the basis of trust instead of signing the contract specification public-private cooperation relationship each other, all is the government often use the mode of public administration.In promoting the trend of private participation in public construction, review for private sector involvement in building and operating Taiwan north-south high-speed railway construction project、The mass rapid transit system in kaohsiung metropolitan area red orange line network construction、Longevity in the company intends to reward private investment in CKS international airport to Taipei MRT system construction plan and have to be strong to push the government of Taipei county for private participation in the construction and operation of the Taipei rapid transit system loop-line plan, such as BOT(construction- operation- transfer), are proposed by the land development income to inject traffic(high iron, MRT construction cost of innovative planning, indeed caused by the focus of the public BBS around the "land development interest" issues, and derivatives into pre-election land tied pile and political association, when the option to return to public policy issues. The paper thinks appropriate to re-examine the law for “promotion of private participation in public construction promote participation method(hereinafter referred to as to promote participation method)”, exactly what gives “the government” enforcement mechanism and operating thinking, what makes this innovative planning model began to suffer from the test.This article is divided into four parts, first is the generation of public-private cooperation, the origin and historical evolution, introduces the development background of public-private cooperation in Taiwan and the present situation of legal system; The second part introduced public-private cooperation legislation system, as well as the promotion of private participation in public construction law of the main framework and the content, the competent authority and the applicable scope, the third part mainly in Taiwan over the years a representative example, such as the high speed rail BOT case and the high express BOT case, carries on the analysis and evaluation, the fourth part from the case by evaluation of the overall revelation, in the act of promoting and Taiwan region put forward the improvement direction of the topic, as well as to Taiwan in the future amend of legal system of public and private efforts make Suggestions and prospects.