The Research On Specialized Legislative Issues Of Public-private-partnership(PPP) In China

Public-Private-Partnership( PPP) is a successful model currently the world in the field of development of infrastructure and public utilities, to solve the financial pressure of government finances, to improve the quality of public goods and services, and to improve efficiency in the use of fiscal funds. PPP model in China has come a very long period of development. Presented cyclical in legislation, namely for a period is decade. Every ten years the relevant state departments have introduced various stages iconic policies and regulations. With the near two years the State Council and relevant departments promulgated densely the PPP-related policies and regulations, as well as local governments are to vigorously promote the development of PPP, our country ushered in the fourth PPP development climax.In the past, our country has been in the exploratory stage legislative PPP, so PPP-related laws are still many problems, that severely limit the development of the PPP model, and result in PPP mode discouraging investors. First, the level effectiveness of PPP-related law is low, the content of PPP-related law is simple, the operability of PPP-related law is poor in China. Secondly, PPP-related law has not clearly defined the legal nature of the PPP agreement, and the legal nature and content of the government guaranteed; when the PPP dispute remedies are difficult to choose. Once again, our country’s relevant laws and regulations applicable to the PPP is in conflict with the Basic Law, as the subject of a predetermined period of ownership PPP concession agreement, and competitive negotiation of provisions. Finally, our country has not yet established an effective institutional system PPP, PPP practice development policies from different departments, a serious obstacle to the development of the PPP. In addition, the perfection of the regulatory system also needs improvement.After long-term development of legislative practice, both positive and negative aspects of our country accumulated rich and distinctive legislative experience, while improving theoretical research, legislative technique, supporting the legal system, etc., all have the possibility of developing a unified special legislation. In order to encourage and guide the development of domestic private investors to actively participate in the PPP model, and promote the development of infrastructure and utilities, it is very necessary and urgent to develop a model suitable for the development of a national PPP special legislation. By comparing the extraterritorial PPP legal developments and learn more mature countries, according to our experience PPP legislation, our country special legislation and the individual can take a combination of legislative model legislation, that special legislation mainly to individual legislative supplement. This is to ensure uniform application of the law PPP, but also increase the flexibility of the special legislation. When our country is special legislation, I propose our country should follow several principles: the principle of equality and mutual benefit, both domestic and foreign investors, uniform regulations applicable legal principles of PPP, risk-sharing principles. On the content of the legislation, it should be clear that the legal nature of the PPP, the government guaranteed the legal nature and content, PPP protocol Dispute ways such as PPP and the establishment of the organization. In addition, for revising and improving the legal system and supporting regulatory system also need to be addressed through legislation.