| Currently, the economic system of our country has gradually entered the deepening reform, and the overall pace has also accelerated. With the decrease of the economy downward pressure, the local government financial burden has become overweight. How to improve the public infrastructure construction has become an important problem related to people’s livelihood. PPP(Public-private Partnership) financing mode has risen and grown gradually out of such social background. PPP financing mode not only helps to solve the problem of government funding for infrastructure projects, but also reduce the local government financial pressure. It is one of the outstanding performances in the markets that plays a decisive role in the allocation of resource.PPP financing mode is an exotic thing borrowed from western world. At present, it is still at an early stage of development in our country, thus it still have a lot of problems. For example, in order to relief the local government financing pressure, there are still loopholes in supervision, and there is also a lack of mechanism. The PPP-related laws and regulations in our country are still not perfect, thus more easily lead to disorderly market competition. This paper is based on the current financing situation of the PPP mode in our country and industry practice. Combining the relevant international legislation experience, I analysis the legal relationship of PPP financing mode, and put forward opinions to improve the legal regulation and the construction of the basic viewpoint of legal system.This paper is divided into four chapters. The first chapter mainly introduces the basic problems for local government in PPP financing mode, including the background and definition of the PPP financing mode, and the analysis of local government financing concept, characteristics and supervision status. The second chapter explains the angles of the theory and practice of specific analysis of the legal relationship of PPP cooperation agreement. Here I cover three aspects: the legal nature, the legal characteristic, and the legal risk. I will also provide theoretical support for the construction of the legal system. In the third chapter, the PPP financing mode and the traditional tools of local government are analyzed, focusing on the embodied PPP financing mode in financing to defuse the risk of local government’s advantages and disadvantages, and providing realistic reasons for the legal regulation of the following. The fourth chapter is on the legal regulation of PPP, and how to appropriately control the scale and clear the role of government and strengthen legal supervision. Business means, as well as the construction of the necessity of the legal system of PPP and construction principle, and combined with the practice of PPP operation encountered in the land use right, asset securitization and other related legal issues for rational thinking, to the early realization of PPP legal supervision of the reasonable and perfect. |
PDF Full Text Request