| On July 31, 2013, under the auspices of the state council premier li keqiang, the State Council held an executive meeting. At the meeting, they in-depth study the issue of how to push the government to buy public service from the social forces that the private sector, the convening of this meeting provides the breakthrough to the social capital into the country’s public services. By the end of 2013, the Ministry of Finance in the country began to promote cooperation between the Government and the social capital that is PPP mode, Finance Minister Lou Jiwei this expressed the significance of the PPP mode, in current, under the background of innovative investment and financing system of urbanization, efforts to resolve the debt risk of local financing platform and actively promote enterprises going out, promote the use of the PPP mode is not only a way to upgrade the operation of the micro-level, but also a macro level mechanism of system reform. But we have to understand that the promotion of PPP mode is not an easy thing, if the government only regards it as a kind of solution to solve the problem of the insufficient funds that is seriously deviated from the purpose of the promotion of PPP mode. Even if the PPP mode can solve the problem of insufficient funds to the government of China, but there is no unified legislation of PPP in our country, the relevant departments on the introduction of the policy are also varied, the system is not perfect and even there is conflict between some documents, some of the local government in cooperation with the private sector do not speak credit, the financial system bias richer field and unwilling to enter into less profitable areas, enterprise credit system and risk sharing system is also not able to establish, lead to social capital cannot enter into the public domain. Therefore, it is particularly important to build legal regulation and the construction system of PPP mode in our country.This paper is divided into five parts to explain, the first part is the preface, the part introduces the research background and significance, research methods, the innovation points of research and research framework. The second part introduces the overview of the PPP mode, analyzes the United Nations development program and the PPP mode in our country in order to define clearly the concept of PPP mode, then analyzes the participants and value of PPP mode. The third part introduces the current situation and deficiencies of the legal regulation system of the PPP model in our country, through the analyze the provisions of the national development and reform commission and the ministry of finance and the regulation of the state council and other departments, find that in our country lacks the unification of the national institutions and high rates of the law to the PPP mode. The fourth part introduces the foreign legal regulation of PPP experience, mainly the United Kingdom and the United States, from its provisions find that China need to establish special institutions to regulate the PPP mode, and need to establish a perfect legal system but also provide policy support. The fifth parts mainly from four aspects gives suggestion for the perfection of the PPP model in our country legal regulation, including the establishment of unified national institutions, the development of high order of the law, clearly define the legal relationship of the PPP mode and improve the dispute settlement mechanism. |
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