Legal Thoughts On The Application Of PPP Mode In The Field Of Infrastructure

In recent years,with the continuous progress of our country's economy,the demand for infrastructure construction has been increasing accordingly.So accelerating urbanization also means increasing investment in infrastructure construction.With the continuous transformation of investment and financing modes into market mode,combined with the growth of infrastructure demand and constraints on the access of resources,the government cannot meet the growing demand of infrastructure anymore.As for private sector,it has a more obvious advantage in the capital benefits and the ability of innovation,resulting in the emergence of Public-Private Partnerships model.The PPP mode is now widely used in the fields of rail transportation,sewage treatment,water conservancy projects,thus realizing the "win-win" situation between the government and private enterprises based on related projects.Under the leadership of MOF China and local governments issued by the document can be seen,China is also pushing PPP projects,but as a new supply model,PPP had many problems in the implementation and conducted to optimize PPP is a point for the healthy and orderly operation of the construction and operation of infrastructure.First of all,this paper explores the formation and development of PPP model in the field of infrastructure,and defines the type and legal nature of the contract in PPP project.Secondly,through the system of PPP mode and government procurement,the comparison between the two in the scope of procurement and the environment,the main procurement and the process,the two in the scope of procurement,the main body and the corresponding review mechanism there are differences In the context of the new era,these differences in PPP are more advantageous than government procurement.Thirdly,through the comparative study and the practice course of our country,it can be concluded that the existing problems of PPP mode in the field of infrastructure are lack of legislation,fuzzy legal system,imperfect organization and lack of relief.Finally,by discussing the existing problems and clarifying the optimization of the realization of PPP mode in China,we must not only establish a reasonable PPP legal framework,but also balance the conflict of government functions,strengthen the relevant risk allocation mechanism and improve the regulatory body,So as to achieve a better operating condition.