The Study Of Administrative Law In Risk Prevention Of Public Utilities Concession

The concession that the government authorizes a certain private organization to sell products or services has become the most important mode of public utilities'construction and operation in many countries. It is from the early 1990s that our country has started to try the system and it is concluded that the concession has gotten the best effect. But the concession also has some defects which impede the public utilities'marketization. Against the background of public utilities concession in trouble, it is meaningful to analyze cause of concession risk and legal prevention system.The article contains three main parts. First, according to the acknowledge theory of modern risk society and the basic idea of administrative process, the article analyzes various kinds of artificial risk based on typical cases of public utilities concession. Second, the article generalizes policy risks and legal risks through analyzing policies and legislations of the central and local state organs in the past twenty years. Third, the article tries to structure legal prevention system of concession risk on the basis of the principle that you and your partners should share profits and risks. According to the basic theories of public-private partnership and government regulation, the article attempts to change the current system arrangement of public utilities concession, such as legal framework, government regulatory system, public participation, license agreement, and so on, in order to effectively avoid the occurrence of public utilities risk and largely increase the public welfare.