Research On Perfect Legal System Of PPP Mode

The PPP model is the development of new mode of development of public utilities which originated from western countries,under this model,the effective combination of government and private capital,make full use of their own advantages,so as to improve the quality of public services,improve the private capital investment enthusiasm,reduce the government burden to.After the reform and opening up of China's PPP mode,from the initial stage of development to the stage of popularization and application,with the encouragement of the central government to the PPP model in recent years,it has entered a stage of rapid development.However,this high-speed development will inevitably expose many practical problems.In practice,the social private capital to participate in the PPP project is relatively low,the actual operation of the legal regulatory system is poor,which led to the overall development of the PPP model project.The theoretical circles have never stopped exploring research on the PPP mode of legal theory,the public sector in the development and Reform Commission and the Ministry of finance has issued a series of regulations and guidance documents,the Ministry of finance is still the central administrative level to establish a PPP model of the leading group and PPP center,to regulate and guide the practice in order to this model.However,the framework of these theoretical research and management system,compared to the reality of China's PPP model needs,is still a drop in the bucket.The root of these problems lies in the legal system has not really established to adapt to the development of PPP in China and the actual operation of the positioning of the current norms under the legal system of the basic legal relationship is not clear and specific norms and supervision system,a very rough Its loopholes appeared one after another.confusion,it is difficult to mobilize the PPP parties to participate in the initiative.First of all,the legal system itself actual operation ability is low,the basic rules of law applicable legal documents confusion,each department acting on its own conflict with each other,the rules of procedure of model demonstration,crude contract.Secondly,the government departments in the public participation in PPP mode of "cooperation" and "regulator" role overlap,resulting in credit evaluation of public sector is relatively low,the project operation period of "power rent-seeking" serious supervision system can not really run.Finally,to solve the dispute mechanism of PPP mode is not reasonable,in different legal relations disputes applicable remedy confusion,the relief way is single,the parties involved no effective way to ensure the legitimate rights and interests should be protected.In this paper the author analyzes the legal concept of PPP model,determine the theoretical property of internal legal relations of the PPP mode,PPP mode combined with the legal problems in the actual operation,the main ideas are as follows: first,the contradiction between legal norms formulated in the PPP model of the "flexibility" and "stability",should focus on the law specification of the "flexibility" to fit the PPP model at the present stage of China's development is in the basic situation of adolescent.Applying the civil rules of the PPP project contract relationship to ensure the autonomy of the PPP cooperation model.In the formulation of legal norms,we should first improve the practical rules of the foundation,and then after the establishment of the whole legal system,it will be fixed on the legal provisions.Second,the government in the public sector "cooperation" and "regulator" legal status,legal attribute specific analysis under different conditions of government public behaviour,the legal status of the exercise of the PPP project contract rights attributable to the PPP project "partners",the legal status of the exercise of administrative supervision right of ownership in the PPP project "regulator",to straighten out the legal relationship of the parties involved in the PPP model.Third,in the dispute settlement mechanism,to undertake the analysis of the above conclusions,the distinction between different legal nature of the dispute will be applied to civil and administrative remedies.At the same time to explore the new mechanism to solve the applicable arbitration disputes,judicial organs and resolve disputes in the current mechanism both associated personnel,poor professional judgment,to fair trial problem.