Research On Administrative Law Of Public Private Partnership

PPP(public private partnership or public private partnerships, PPP) is to enhance the ability to supply public products and public service, improve the efficiency of supply, public and private cooperate and service through franchising, purchases, equity cooperation, and it is a long-term cooperative relationship based on sharing the interests and risk. On the one hand, in government supply of public products and services, infrastructure needs is high and the utility efficiency is low. On the other hand, government debt suffers bottlenecks and in the peak of the debt service, and financial burden is heavy, so the successful application of the public-private partnership is likely to solve the above problems.In public-private partnerships, the social capital enter into the public utilities and infrastructure, the government changes from providers and producers for the government as provider and the private sector as a producer, government departments and the private sector to play their respective advantages, for the public to provide better public goods and public services.This paper first introduces the basic theory of public law of public-private partnerships, starting from the concept research, we study theoretical basis of public-private cooperation. Then the paper reflects the legal status of public-private partnerships from the specification level and practical level, and puts efforts to balanced distributing the rights and obligations of the public-private partnership in public sector and private entities, for healthy operation of the protection of private cooperation projects, and discusses the public-private partnership on both sides of the responsibility. Finally, as a guide of the existing public-private legal relief challenge, this article provides this public-private partnership remedy way. This paper is divided into the following four parts:The first part introduces the theoretical basis of public-private partnership law. First of all, the article in time as the basic connotation of clues to sort out the foreign literature and domestic legal documents for what is public-private partnerships, and analyzes public-private partnerships and privatization, and uses the administrative behavior in the form freedom of choice as the legal basis of the public-private partnership, and delineates the boundaries of public-private partnership through administrating in accordance with the laws of law priority and law reservation principle.The second part is reflecting on the legal status of the public-private partnership. This part starts from the normative level, in legislative and normative documents layer to do empirical analysis about the present legal system of the public-private partnerships, clarifying the relationship about public-private partnerships and government procurement law, the budget law and other laws between, and lists the main content existing public-private partnership specification documents, summarizes of public-private partnership in the management mechanism, model contracts guidelines and information disclosure system. Then it summarizes the failure reasons of the National Stadium project and the successful legal reasons of the Beijing metro line four from operation of public-private cooperation projects in the practical level.The third part is the public and private rights and obligations of both parties and allocation of responsibility. This part firstly, combined with the existing public-private partnership system of legal norms and public-private partnership project contract guide, try to summarize the rights and obligations of both public and private, and then starting from the public and private cooperation oriented legal relationship, study the state guarantee liability, and state compensation liability in public-private partnership.The fourth part is the challenges and solutions of public-private cooperation legal relief. This part first in accordance with the relevant laws and regulations to find out the challenges encountered in public-private partnership legal relief of public relief and private relief, then put forward to expand the scope of administrative litigation, make public private partnership private subject included in the scope of administrative litigation, and with the intention to build double stage public-private partnership dispute settlement mode.