Research On Legal Issues Of Government And Social Capital Cooperation (PPP) Model

According to the 18 session of the party's "allowed social capital,including through participation in urban infrastructure investment and franchising operations" spirit,as well as the summary of PPP mode in our country for more than 30 years of exploration and practical experience available,PPP models is to promote institutional mechanisms for a powerful weapon for change in our country,can contribute to stable economic growth,the transformation of government functions,improve supply efficiency of public infrastructure.But because of our lack of knowledge of PPP models,lacking to guide and regulate the legal,particularly on the nature of PPP agreements,land policy,project financing,participation of social capital,risk-sharing and supervision system.These problems have seriously restricted the development of PPP mode,also makes the project participants often go to the wall in practice,nowhere to seek help.The paper starts from the study of China's legal status,analysis of the PPP model in China what legal problems to be solved in the process,and then in the PPP model in foreign countries on the basis of the successful experience of learning,combined with China's national conditions,has put forward proposals for solving the problem,in order to contribute to the smooth development of PPP mode in China.This paper is divided into five parts.The first part of this article writing background,significance,and briefly describes the content,show that the causes and processes of creation.The second part of the PPP model overview.Starting from the background of the PPP model,defines the general meaning of this PPP,PPP pattern and the characteristics and modes of operation.Mechanism analysis of the PPP model is China's system reform and innovation,and the nature of provision of public goods and services.The legal status of the third part of the PPP model in China and its comprehensive analysis of the existing problems.Through the analysis and elaboration of PPP model in China stage,the legislative process and the existing law,pointed out that at present the PPP model in the public-private nature of the agreement,land policies,financing,social capital participation is low,the risk-sharing mechanisms,the lack of government regulation.Part IV introduces the United Kingdom and Germany's legal system and look forward to inspire in order to solve the legal issues,including supervision of its legal system,risk-sharing,according to the analysis.The fifth part is this law the recommendations for the solution of the problem,it is recommended that work quickly to solve the legal risk-sharing and regulation does not improve the problem.