Study On The Policy Of Legislation Over Government Regulations On PPP

With the development of the national economy and governmental role tran sition of the public goods and service supply system,PPP gradually shows its aggressive bequeaths and strong energy. Since the Party’s Third Plenary Sessio n of the 18 th CPC Central Committee,which strongly supports the developme nt of PPP project, PPP has grown and progressed in every region in China s ince 2013. But after two year’s development,the governmental regulations ove r PPP are still mostly administrative regulations. The flaws and disadvantages,such as small quality,low level and emerged. From the perspectives of the p ractice,it is not hard to see that during the development of the PPP project,p ure administrative regulations are hard to solve up-coming problems,causing m uch concern over the future of PPP project inside the industry. Therefore,this article analyses current regulative means over PPP project from the perspective of law policy study,hoping to find the risks caused by the legislative laggin g and limits of the policy. Nowadays,the system is not substantively changing.Most of the PPP projects are leaded by the government, pushed,from the t op to the bottom,by the policies. Therefore most regulative documents on PP P project inevitably are mainly policies. Problems, such as the lack of the le gal supervision and stability, conflicts between regulations, over-protection of the interests among government organs and overstaffing,emerged,causing ch aos on the regulative systems,insufficient means,overuse on the governmental administrations and hesitations and frequent changing and therefore causing th e dilemma on many PPP projects. This article consults corresponding regulativ e documents from the national Development and Reform Commission and the Ministry of Finance, and illustrates the adjusting directions over PPP regulatio ns and selects PPP developing model. From the re-construction and generalizin g over current laws and regulations,it helps with the supervision and protectio ns over legislation, pushing the policies’ development and the combinations o ver other regulative tools, grasps the core of the development of PPP project,fasten the establishment of “legislation-policy-direction-contract management” sy stem,keeping the development of model that aims at innovating and reforming public goods and service supply systems.