Research On The Legal Problems Of China's PPP Mode

With the demand of urban modernization in China,the construction of government infrastructure and the provision of public services have entered a new upsurge.However,at the same time,the debt of local governments is serious,and the government's direct investment mode can't meet the needs at this stage.In this context,the PPP model has become a great way to promote the development of our country.The PPP mode has a strong advantage in the field of infrastructure construction and public service provision.Under the PPP mode,the local government has less financial pressure,higher system efficiency,higher utilization of resources,and higher quality of public services and infrastructure.Based on these advantages of PPP mode,the PPP mode has been introduced into China since the beginning of reform and opening up.After three stages of development,PPP mode,as a good corporation mode between the public and private party,has been promoted all over the country since 2014.However,the research and development of PPP in China is still in the exploratory stage.In practice,a lot of legal problems have been generated.Based on the background above,the author has studied these problems in this paper,and accordingly analyzed the causes and solutions.This article is divided into three parts,including the proposal of the problem,the analysis of the cause and the analysis of the solution.The first part of this paper introduces the legal environment of the PPP mode in China,and lists the main legal problems of the PPP mode in practice based on the current law.The content of this part is mainly related to the study of related legal documents.Combined with related theories,the specific PPP legal problems are explained,and some different theories are briefly introduced.The second part analyzes the causes of the problems listed in the first part,and summarizes three reasons,including the absence of the legal system,the monitoring system and the theoretical system,and expounds the legal problems in each part.This part mainly demonstrates and explains the logical connection between these reasons and the legal problems,through the method of case analysis.On the basis of the above two parts,the last part puts forward four proposals for solving these legal problems through the comparison and deduction of extraterritorial law,including the perfection of legal system,monitoring system,supporting mechanism and theoretical system.