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Study Of Remedies Under The Public-private Partnership

Posted on:2016-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:H Y GeFull Text:PDF
GTID:2296330479987916Subject:Constitution and Administrative Law
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Public-private partnerships has been developed in our country, it also was been mentioned in the report of eighteen party congress. We can be expected in the future the status of public-private partnerships will be better. This situation, of course, brings a new atmosphere for our country, not only the position of the government, but we also can promote social and economic development. However, the practice of public-private cooperation has been some problems, The standards of government’s Purchase Public Service and government responsibilities are so blurred. Of course, the government can make government procurement of public services by means of civil power, technology and capital to shift their financial, staffing pressures, but also to the community to create economic benefits; at the same time, the government take various duties, so that a third party suffers problems when seeking relief.On the one hand, during the time of government’s purchase public service,part of the public authority is assigned to the private sector, a third party cannot be used the way of administrative remedies directly, on the other hand, the status of the government and citizens become equal, thereby bringing an issue : Does that mean that the transfer of authority transferred responsibility? Do these victims can ask for compensation or urban management coordinators and the national executive compensation?In the public-private partnership, the most important thing is the relationship between state compensation and civil damages. The ideal case is both the person in charge directly and country be able to assume their responsibilities, which is to be the injured party is not only to get an adequate remedy, and it is important to ensure that state organs in public-private cooperation can be consistent, rather than take the responsible way to "escape into private law."The first chapter is the basic concept of public-private cooperation. From the academic point of view,this chapter begin to discuss the advantages and disadvantages of public-private partnership according to the various definitions. Then combined with our state of public-private partnerships to do define. Also, compare the similarities and differences between privatization and public-private cooperation, public-private partnerships to better clarify the scope.The second section discusses the possibilities of relief, which is focused on public-private partnerships, based on private contract independently engaged in public service mode, authorization mode, and administrative assistants(commission) mode, and shows the relationship between the three modes country status, responsibility, and the private sector. Then introduced the practice of public-private partnerships, and through public-private partnerships in several cases made it clear that the actual running and there is still a gap in theory, by the existence of many problems in the management of the coordinators.The third part discusses the responsibility of public-private partnerships in the country. Responsibility cannot be transferred through public-private cooperation countries, the state is still responsible in the event of third party disputes, The question is the nature of State responsibility and how the private contracts into one national responsibility. Firstly, introduced the theory of state guarantees and other countries in the use of public-private partnerships to solve disputes in the way, and then analyze the three models according to the second chapter. studied under our current legal system, when the private sector and the third-party dispute public law remedies. Finally, the implementation of the recommendations in the public-private partnership system, the absorption of foreign experience, combined with China’s reality, to ensure effective public-private partnerships relief program.
Keywords/Search Tags:public-private partnership, state responsibility, government guarantee
PDF Full Text Request
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