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Under The PPP Model, The Social Capital Withdrawal Mechanism Of The Legal Issues Research

Posted on:2018-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:B B HuFull Text:PDF
GTID:2346330542952883Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China's economy,PPP model has been widely applied in the field of infrastructure and public utilities in our country.In actual operation,the PPP project company should be responsible ensure the whole project responsibility assignment of the participating parties,as well as achieve the investment value of social capital.Therefore,how to withdraw social capital under the premise of ensuring the stable operation of the project to the maximum extent has been seemed as an important problem which public and private sector focus on.Based on the current situation of social capital withdrawal in PPP mode,this paper discusses potential legal issues and risks,and presents views on the construction of social capital withdrawal mechanism.This paper is divided into the following five parts:The first part is the analysis of the status quo of social capital withdrawal in PPP mode.This part defines the concept of social capital withdrawal from the PPP at first.Secondly,it analyzes the existing legislative situation of the social capital withdrawal mechanism and makes a simple summary.Finally,from the realistic needs of social capital,the necessity of perfecting the mechanism of social capital withdrawal is expounded.The second part introduces the reasons for the withdrawal of social capital from PPP mode.This part gives many specific cases,through the division of the withdrawal period of social capital,explains the reasons for the withdrawal of social capital under the two circumstances as expiration or project termination in advance respectively.The third part focuses on the exit path of social capital under the current PPP mode.According to the different objectives of the withdrawal of the transfer,the exit route is divided into equity transfer,asset transfer and management right transfer.After then,this paper analysises the pros and cons of each exit path.The fourth part is the analysis of the risks existing in the PPP mode due to the withdrawal of social capital.This paper expounds the risk of judicial relief caused by the withdrawal of social capital,public interest damage and damage to the interests of creditors from the perspective of social capital side,government side and financing creditor's right.The fifth part is the explanation of establishment of the social capital withdrawal mechanism under the PPP mode from five aspects as follows:legislation,the establishment of the compensation terms,multi-channel withdrawal mechanism,the system of government to take over temporarily and insurance system...
Keywords/Search Tags:PPP Mode, Social Capital, Withdrawal Mechanism, Legal Issue
PDF Full Text Request
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