Study On Anti-Monopoly Law Of Public-Private Partnership In China

As a way of privatization,Public-Private Partnership provides a good way of cooperation,which can solve the current financial problems.However,Public-Private Partnership used mostly in public infrastructure,a kind of natural monopoly industries.It inevitably produces monopoly,which will damage the interests of society and consumers.And there are still a lot of gaps and loopholes in the monopoly legislation,which leads to absence of regulation.Therefore,we argue that the solution should be based on the basic theory of Public-Private Partnerships,consider the monopoly problem of public,private and between both of them,use the experience of other countries for reference.Furthermore,we also try to refine competitive negotiation mechanism,constitute relatively perfect and mature jurisprudence,which has the anti- monopoly spirit,let the public-private partnership run unimpeded.This article tries to combine the administrative law with the economic law.It analyses the Public-Private Partnership system of the Administrative monopoly and the Administrative control,with studying the possible anti- monopoly problems.At the same time,the study,which is based on the theories such as Economics,Management of theory of state and the market and Regulatory theory,try to perfect the theoretical framework of the Public-Private Partnership.The last but not least,combining with the method of law and economics,we attempt to do some research of interaction between Public-Private Partnership and the system of economics,society and politics,in order to explore the legal system of Public-Private Partnership,which is suitable for the situation of China.