Research On The Legal Regulation Of The Price Of Public Goods Under The Mode Of Public Private Partnership

With China's accelerating urbanization and limited capacity of the government to supply public goods and services, and Social capital need to be looking for new investment channels, In that context, the cooperation model between government and social capital keeps heating up and gets strongly supports from national level in recent years. CPC Central Committee on Some Major Issues Concerning Comprehensively Deepening the Reform by the Third Plenary Session of the 18 th CCP suggested that by establishing clear and normative urban construction investment and financing mechanism, we should encourage local governments to broaden the financing channels through various ways and get social capital involved through franchising in urban infrastructure construction. The CPC Thirteenth Five-Year Plan for National Economic and Social Development stressed that we should give full play to the financial funds' leveraging function, innovate financing approaches and promote the cooperation model between government and social capital. Currently, the PPP model, recommended by both central and local governments, has great significance in the breakthrough of financing bottleneck and the achievement of industrial transformation and upgrading.Price formation mechanism is the core issue of the PPP model. Price of PPP's products and services not only directly determines the cash flow and valuation of the project operation, but also relates to the public interest. At present, our law and regulation on price, under the model of Public-Private Partnerships, need to be perfected yet. This paper aims to ensure a reasonable level of return of both public and private, the rationality of public projects' resources distribution and the most extensive public and social benefits by designing a reasonable price formation mechanism under PPP model. The thesis includes the following four parts.The first part is about the price formation mechanism of public goods. On the basis of defining the scope of public goods and the introduction of the price formation mechanism, this part points out that price formation mechanism of public goods at this stage is mainly in the form of government pricing and governmental guidance, introduces market trends of price formation mechanism of public goods, makes bedding for the discussion of the price formation and regulation under PPP.The second part is about the analysis of price formation mechanism of public goods under the Public-Private Partnerships. This part makes fundamental analysis and introduction of the meaning and characteristics of Public-Private Partnerships, the necessity of scientific and rational price formation mechanism under the Public-Private Partnerships and the factors to consider.The third part is about the situation and dilemma of public goods price's law and regulation under PPP. This part firstly summarizes the legal framework and basic system of public goods price formation under the current Public-Private Partnerships. On this basis, the author systematically analyzes the drawbacks and predicament of PPP project price mechanism in the legal, systematical and legal practical level.The fourth part is about the improvement of public goods price's law and regulation under the Public-Private Partnership. Adhere to the policy that market plays a decisive role in the allocation of resources with a better play of government, based on the advanced international experience, combined with China's theory and practice, the author identifies a number of concrete ideas to improve our public goods price's law and regulation under PPP from the public and private law regulation, pricing and price adjustment and the government's own internal construction and external coordination.