Research On Legislation Of PPP

Government and social capital cooperation(PPP:public-private partnerships),is through the government and social capital to provide a model of public goods and services.PPP model not only can improve the supply efficiency and quality of public goods and services,but also can reduce the government's financial burden,change the government functions,give full play to the market in the allocation of resources,decisive role in promoting national governance capacity and governance system modernization,To promote the development of socialist market economy.In recent years,PPP model in China has developed rapidly,especially at all levels of government,driven by a wave of PPP promotion and development of the boom,the government through the PPP model and social capital cooperation,access to social capital in capital,technology and Management,and social capital gains by participating in the supply of public goods and services.Public and private duality complementary advantages,resource sharing.But at the same time,China's PPP legislation was lagging behind,the lack of a unified PPP legal norms,so PPP practice in a lot of problems,seriously restricting the PPP healthy and orderly development.Therefore,the timely development of PPP legal norms,it is particularly necessary.The basic theory of PPP legislation is to study the basis and premise of PPP legislation.Legislators through the PPP legislation to regulate the cooperation between the public sector and social capital,to promote their complementary advantages,risk-sharing,so as to provide public goods and public services to increase the efficiency and provide legal protection.The creation of a law must have its theoretical basis,the theoretical basis for the PPP legislation,including:public choice theory,public governance theory and public product theory.At the same time,PPP in the practical application of the role and effectiveness of the PPP to prove the need for legislation and feasibility.At present,both China's NDRC,the Ministry of Finance or local governments,although have introduced some and PPP-related regulations and policies,but in theprocess of application there are still a lot of problems,mainly in the application of laws and regulations on the conflict,PPP risk sharing and income distribution is not clear,the lack of relief mechanisms,the reason,fundamentally speaking,is the lack of PPP legislation.The lack of legislation embodied in:low level of legislation,the relevant laws and regulations do not converge,PPP agreement,the legal nature is unclear,PPP mode,the lack of legal positioning of the government.Outside the field,the UK,Australia,South Korea and France PPP legislation,although different,but have built relatively complete,and has its own characteristics PPP legal norms.His mountain stone can attack jade,it is necessary to learn from the experience of other countries to carry out their own national PPP legislation.To comply with China's national conditions of the PPP legislation must adhere to the principle of specific principles of mutual benefit,risk-sharing,fair competition and credibility principle.At the same time to the scientific content of the legislation to set,to clarify the nature of the PPP protocol,based on the nature of the agreement to determine the scope of the PPP reasonable definition.To promote the healthy and orderly development of the PPP model,not only to define the scope of application of PPP,but also to the PPP model to participate in the main requirements,the selection system is necessary,not only that,a reasonable and effective dispute resolution mechanism is Very critical,fair and equitable to deal with PPP operation in the dispute is an important guarantee for the operation of the PPP.In order to promote the healthy and orderly development of PPP model,it is very important to perfect the PPP legislation and perfect the supporting mechanism.In this paper,we should set up a special management mechanism,establish a reasonable return mechanism,establish a perfect exit mechanism,Mechanism,detailed analysis of the role of institutional settings,so as to promote the perfection of PPP legislation to promote PPP healthy and orderly development.