Rights Protection For The Social Capital In The PPP Pattern

Since the last of 20th century, as the tempestuously development of the social economy, people's needs for public infrastructure is increasing sharply, too. However, the traditional pattern in building public infrastructure, local government plays the dominant role and invest the largest fund, what lead to a condition that local government can not cover the huge sum of government liability. At the same time, the western developed countries introduce social capital into the area of public infrastructure, which bring social captial's superiority about fund and efficiency into full play. Local government's short for money has been solved to a large degree, as well as quicken the building progress of public infrastructure, and is much more convenient for people. Our country has introduced PPP pattern in building public infrastructure for a long time, making a huge achievement, and also, many problems has been exposed during the progress. There are about 30 years when PPP come to China, but still short of regime construction about PPP in our country, which can not sustain the whole PPP project's operation, then lead to a consequence that social capital's rights has been encroached in a way. What's more, the whole PPP project may be end in failure because of this reason.This paper is writing with a view to The First PPP Project in China——"Citong Bridge, QuanZhou", and then analyze the particular case about social capital's rights during the whole project, and trying to explain the reason why they are easy to get hurted, as well as finding the fessible way to solve this problem and protect social capital's legal interest. The main body of this paper include three parts. Part one, analyzing the phenomenon that social capital's legal rights has been damaged via introducing the case "CiTong Bridge, QuanZhou".And then classfied those damaged rights into three type, Including franchise rights?real estate real rights and right of relief. Part two, analyzing the reason why social capital's rights are easy to get hurted, such as we do not have a complete PPP law as well as related regimes, and also local government are short for credit consciousness. The last part, force on the solutions to solve this problem. As our government, should promulgate a complete law and establish the PPP center. However, as social capital themselves, should enhance the ability that remedy by themselves when their rights encounter damage.