The Administrative Research Of Public-Private-Partnership

Public-Private Partnership is appeared against the background of privatization, now it has widely applied to accomplish statutory mission of administrations. It is cooperation between the public department and the private department, for the purpose of accomplish statutory mission. Administrative law have to attention the practice of Public-Private Partnership, Public-Private Partnership also need administrative law provide regulation guarantee. However, Public-Private Partnership give administrative law a severe challenge, tradition administrative law can hardly provide regulation guarantee to PPP. China began to implement the system of public-private partnership in the field of public utility business from nineties of last century. It’s can lighten government financial pressure, improve the quality and efficiency of public services. At the same time, many problems appeared because of relevant administrative regulations system’s imperfect. A typical representative of PPP is the revolution in city bus. Although public utility business PPP reform has been extensively spread, and established concession system, PPP reform of buses failed in many areas. The main reason include:the procedure of chose franchisees is unfair, the concession contract’s nature is unclear, and the poor government regulation. In order to complete administrative regulate system of PPP, it’s necessary for us to learn about other countries’PPP regulate system. As we all face with the same problem, their advanced experience on PPP will provide reference and enlightenment. After investigate PPP practice and regulate system of UK, German and Taiwan, it’s self-evident that the well function of public-private partnership needs good legal environment, needs attention the role of government transformation and regulation reform, and the procedure of PPP also need to standardization. It’s necessary for us to complete China PPP regulate system from the follow several aspects. First, complete the procedure of chose franchisees. Second, the concession contract is one kind of administrative contract. Third, improve government regulation measure.