Study On The Protection Of The Rights And Interests Of The Concessionaires

The concession is an important system of the Public-Private-Partnership,which is a bridge between government departments and non-governmental organizations to participate in the construction and operation of public utilities.Since 2013,China has promoted Public-Private-Partnership model to national policy level,the relevant government departments have issued a number of normative document,which has effectively promoted the development of the concession system in our country.As an important participant of the concession project,the concessionaires active participation is the key to the success of the concession project.But in the practice of the concession project in China,the relevant rights and interests of the concessionaires have not been well protected,it will lead to the Public-Private-Partnership is difficult to achieve its real institutional value in China.It is based on this problem consciousness,this paper will combine the theory and the practice of law.Meanwhile the research on the rights and interests of the concessionaires in the concession project will be the focus.So we want to change the mind of government regulation or public interests as the focus of the study,focusing our attention on the protection of rights of the concessionaires.Because the prerequisite and foundation of the concession project is the active participation of non-governmental organizations.Only by constructing a scientific and reasonable security mechanism for the concessionaires,we can better promote the development of the concession and even the Public-Private-Partnership model.So we make the rights and interests of the concessionaires as the main line in the article,and starting from the theoretical explanation of the rights and interests of the concessionaires.Then this paper will makes a theoretical analysis of the qualification of the concessionaires and the related rights and interests.Then the author draws up and shows the present situation of our country's legal provisions on the concessionaires rights and various risks faced by concessionaires.And this paper will combined with the investigationand analysis of foreign related system,in order to pave the way for the protection of the rights and interests of the concessionaires.