The Research On The System Of Public Rental Housing In The View Of Public-Private Partnership

The combination of public rental housing system and public private partnership(PPP)is not accidental.Based on the urgent needs of housing right,PPP has entered the field of political decision-making.However,the use of PPP in the construction of public rental housing will be in accordance with the established arrangements to resolve this contradiction between supply and demand is questionable.Through the observation of the public rental housing system,we can find that the PPP system has brought a great impact on the public rental system.Under this impact,the regulation of PPPis more important,andwe need to examine the sticking point of the existing system.Compared with other areas,PPP model in public housing system has a certain degree of commonality and certain characteristics.We should pay attention to the profit side and quasi-operating characteristics of public rental areas,and try to find the problem according to the norms of real law.We can found that the legislation of PPP is not enough to promote the self-discipline operation of the regulatory system and result in the regulatory deficiencies of administrative and judicial aspects:First,the PPP model of public housing has the deficiencies of administrative regulatory,mainly include the lack of regulation coordination organization,lack of public participation,and the unclear state of administrative regulation;Second,the path of resolve the public rental housing lease disputes in the PPP model is unknown.And the existing system is unable to offer the litigation type to project companieswhen their role confused accurately,and can not provide the channels for the tenant's rights relief.We can find the regulatory path to promote the PPP system in public rental system according to the problem of these two levels.That is,through government regulation means to define the rights and liabilities,and optimize regulation mechanism to promote the implementation of government guarantee responsibility,through analysethe contract attributes and arrangement in the judicial regulation to explore civil relief channels.Of course,this regulatory path is also affected by the new administrative law and PPP system itself,which not only requires the regulation of government according to law,but also put forward new requirements such as cooperative regulation.Therefore,it is necessary to establish an independent regulatory coordinating body and a multi-entity participation platform in the regulatory system.In the specific regulatory path,it is feasible and effective for the government to carry out the regulation system in whichthe core is "contract'.And it can provide a more flexible means of regulation,not only to make up for the defects in the existing regulations,but also to embody the new concept of co-governance.And it can also ease the traditional regulation of the antagonistic relationship,and ultimately promote the realization of the purpose of cooperation.And for the damage of citizens in the lease of affordable housing,we need the judiciary to review the nature of the PPP contract and the specific arrangements and make the "public law contract" or "private law contract" decision:"Franchising"public-private partnership,according to government power wanton behavior,court may recognize citizens' right to sue in a limited range in terms of government supervision based on the franchise agreement;for the infringement of the private body requires the court to use the "Subject + Behavior" standard to examine whether the behavior of the private body constitutes a violation of public law.