Research On The Legislation Of PPP In China

PPP is the abbreviation of Public-Private Partnership,literally translated as"public-private partnership",as the name suggests,"public-private partnership" refers to the "public" and "private" cooperation between.PPP contract is essentially a typical representative of the administrative contract.In recent decades,with the economic and political development of various governments,and its social structure of the ever-changing,PPP as a new combination of public law and private law in the history of the stage.The emergence of PPP is to solve the problem of fiscal revenue and expenditure imbalance in the process of realizing public social welfare.It has experienced the theory of freedom from the free contract theory to the theory of public law control,and then the transition to the present.The combination of public law and private law theory,which is a huge change in social structure produced.The development of PPP in China is rapid and the rapid development also reflects the shortcomings and problems in the development of PPP in China.For example,there are conflicts between the existing laws and regulations and the existing laws and regulations.The PPP legal dispute relief mechanism And other issues highlighted,are directly or indirectly to the social capital of the entry,post-security created obstacles,it is likely to reduce the determination of social capital to join.Since the eighties of last century,China's implementation of public tasks(social welfare provision,infrastructure construction,etc.)the basic use of public-private partnerships.In these areas,the conclusion of administrative contracts on the basis of public and private cooperation has become a trend.However,there is no unified law on PPP in our country.The absence of unified law will bring about a series of problems,such as the choice of contract relative,contract formulation,contract fulfillment and management.In practice,there will be difficult to form a healthy competition,the lack of public consumer protection,it is difficult to achieve self-financing,the contract content is not clear,the function of the supervision mechanism failed to demonstrate the failure of the state to ensure the implementation of such difficulties.The emergence of these problems,urging us to PPP legislative research is really necessary.The fundamental goal of PPP legislation is to resolve the uncertainty and reduce the degree of uncertainty.Through the legal norms and constraints,clear the rights and interests of the relevant subject,so that people,government,social capital behavior can be expected,risks and benefits can be expected.At the beginning of the founding of the PRC and after a period of time,China's implementation of the planned economic system,the state is pursuing a government all-round,the public domain is basically a national monopoly,the social field to a large extent publicized.However,with the implementation of China's market economy and the implementation of reform and opening up,this situation has been unable to adapt to social needs,change the government functions gradually into the content of the reform,showing a full-time government to a limited government,from the control government to the government,And formed a continuation of the decentralization trend so far.The traditional "non-public" simple way of thinking is no longer applicable to modern China.Public-private partnerships are,to a large extent,an alternative way that the Chinese government can only change.We believe that PPP under a certain limit can have the market vitality into the role of public administration,it makes the advantages and resources of various departments to maximize the play and show it.Good use of these two areas of excellent quality,is different from the traditional administrative law of the government "big package" situation.The traditional administrative law will also face changes in its basic structure.Private law into the public law,is an important aspect of the traditional administrative law structure change.This from the absolute to the relative,for us to build PPP legislation has a significant role in guiding the structure.After the introduction of the Constitutional Amendment,a series of regulations,regulations and policies to encourage public-private partnerships have been released in particular in 2014,and it is clear that China is pushing the development of PPP on a large scale.,Because the PPP project involves a wide range,and the lack of PPP upper law support,various departments of the clutter,a large number of social capital not only continue to stand outside the door,the administrative organs for the PPP is also a lack of understanding of the system,which undoubtedly To the public and private cooperation has been difficult to close the veil.The purpose of this paper is to discuss the general structure of PPP legislation from the perspective of administrative law,and to summarize the suggestions and opinions of PPP legislation in China from the experience of foreign countries.Based on the characteristics of administrative contract of PPP,this paper takes the characteristics of administrative law as the basic starting point,and carries out the preliminary structure of PPP legislation in administrative law,administrative subject,administrative act and administrative procedure and administrative responsibility.The innovation of this paper lies in the fact that the actual demand of PPP in our country makes the PPP law of our country be complete.The author starts from this point of view,combining with the actual development of PPP and other laws and regulations of our country and the development of PPP legislation outside China.The overall structure.