Research On Legal Issues Of Supervision Of PPP Model In China

At present,the PPP mode has widely been applied with the government pay high attention to it.But problems will come with the development of the PPP mode when the laws and regulations is not sufficient.Therefore,the paper discusses the importance of PPP mode under the laws and regulations.Combine with the particularity of the PPP mode,the paper suggests the government should not only fulfill their contractual obligations as an equal subject in the trade of the PPP projects,but also need to establish an effective supervision system to monitor implementation during the whole process.Secondly,the paper studies on the situation of legislation of PPP mode,compared developed countries with our country.It absorbs foreign advanced experience which could be applied to establish a legal system of PPP mode,tries to put the pattern of supervision system of PPP mode in our country's current legal system.In order to restrict the power and balance the dual role of the government,protect rights and interests of the society,the paper proposed an independent regulator and a method of vertical leadership to realize effective regulation of the PPP projects.When protects the government providing public products,the paper increases the confidence of the invested capital,reduces the risk and cost of PPP project,gears PPP mode to the international conventions.This paper is divided into four parts:The first part is an overview of PPP model regulation.First of all,contain elements from the PPP model to analyze the PPP meaning of supervision;secondly,from the PPP market limitations,the government has a dual role conflict,PPP of the three points to analyze the necessity of the supervision mode of PPP.The second part mainly analyzes the problems existing in the supervision of PPP mode in our country.The legal supervision and legal basis for the effectiveness of low level content simple and rough lead to legal supervision on the basis of PPP model are insufficient;the regulatory body,the PPP mode in our country is in a state of confusion,no third party independent regulatory agencies,regulatory supervision departments jointly lead to confusion,the subject of administrative regulatory power in the regulatory dispersion;the content,problems of regulatory standards,access to social capital and exitrules are not clear;take the mechanism in the regulatory responsibility,lack of supervision evaluation mechanism and supervision accountability mechanism is not perfect.The third part introduces the foreign legislation of PPP model and its reference to China.Through the classification of the three level institutions supervision mode,relatively independent of the British American model,the German PPP PPP independent regulation of "public network interaction" mode,summed up the significance of foreign PPP supervision for China.The fourth part puts forward some suggestions to improve the supervision of PPP mode in China.PPP model for supervision of our problems and shortcomings in the basis of other country's legal system of merit,put forward the following suggestions: in terms of the regulatory agencies,regulatory agencies to establish independent of the PPP project participants,the establishment of two independent regulatory agencies of central and local;in the supervision content,formulate a unified regulatory standards,clear social capital access and exit mechanism in the rule;assume regulatory responsibility,establishing the evaluation system and regulatory effect,play administrative accountability mechanism...