On The Change Of Government Policy And The Protection Of Investors’ Rights And Interests In PPP Mode

With the rapid development of China’s social economy,the increasing demand for infrastructure and public services,but the government can not effectively meet the needs of the people because of insufficient financial resources,the contradiction between the two is becoming more and more prominent.PPP model,on the one hand,the government can take advantage of investors in the capital,technology,management and other advantages to make up for its shortage of financial funds,high costs and other deficiencies;the other hand,investors through participation in infrastructure construction and public services Provide,but also to broaden the investment channels,while achieving social value.Thus,participation in the PPP model for the government side and investors is a win-win choice.At present,China is still in the early stages of PPP development,the supporting legal system is not perfect,while the government policy is not continuous,unstable and other issues,the interests of investors and therefore face the risk of policy changes.In this case,from the perspective of civil and commercial law to explore the government policy changes in the case of investor protection and the way to build the relevant legal system is conducive to dispel investors involved in the construction of PPP concerns,but also conducive to the development of government and investors Harmonious relations of cooperation,and ultimately will promote China’s infrastructure and public services development.The first part of this paper,through the analysis of PPP basic theory,to clarify the main body of PPP legal relationship and its rights and obligations,the legal relationship between the main body and the contract system,to study the PPP model of investor protection laid the theoretical basis.At the same time,this part also defines the concept of government policy,combs the main government policy in PPP mode,and analyzes the possible influence of government policy change on investors’ rights and interests and the significance of establishing and perfecting investor protection system.The PPP project contract is the core of the whole contract system.The PPP project contract is a kind of civil contract,and the change of the government policy is influenced by the influence of the government contract.The PPP project contract is the core of the whole contract system.The PPP project contract is a kind of civil contract.PPP related contracts and thus affect the interests of investors and so on.In the second part of this paper,we mainly discuss the related problems of the principle of situation change in PPP operation,including the meaning of the principle of changing the principle of the situation in the PPP model,the applicable conditions of the principle of the change of the situation,the legal effect of the change of the principle of the situation,and the related case analysis summary.The main conclusions of this part are as follows:The existence of the change of government policy in the PPP mode,the legal effect of the principle of change of the situation includes changing the contract and releasing the contract.It is necessary to point out that in the case analysis and summary section,the author through combing the PPP model in the case of government policy changes,combined with the principle of the situation in the judicial decision to apply the principle of "Quanzhou piercing bridge" as an example to demonstrate the situation changes The principle of the implementation of the government policy changes in the PPP model and the protection of investors’ rights and interests.The third part of this article mainly discusses the government policy changes in the PPP model and the remedies of the investors’ losses in the case of the government,and further explores the other relief methods of the investor’s losses,such as administrative relief,guaranteeing the guarantee responsibility of the guarantee company.The main conclusions of this section are as follows:The government’s policy changes can be applied to the contract breach of contract system,and the guaranty company’s guarantee responsibility is an effective way for investors to lose their remedy.The fourth part of this article,the author proposed from the establishment and improvement of PPP legal system,improve the government information disclosure system,establish and improve the agent system,improve the investor exit mechanism and improve the consultation,mediation,arbitration,litigation and other diversified dispute resolution mechanism five The construction of investor protection of the legal system.