Research On The Application Of The Legal System Of Government Procurement To The PPP Project

The PPP model,as the core mode of economic reform of mixed ownership,is in full swing and is widely used in the supply of public goods and services.The maximum internal quality of the PPP model is a public-private partnership,and the establishment of a partnership depends on PPP project procurement.PPP project procurement is connected with the PPP project identification and preparation stage,and then the PPP project implementation and handover stage play a central role in the entire PPP project.However,the existing framework of the government procurement legal system is not sufficient to provide sufficient legal certainty for the development of the PPP project procurement specification,and it is not sufficient to provide an active legal system guarantee for achieving the PPP project procurement value target.From the current situation of the legal regulation of PPP project procurement in China,the lack of special law of PPP project procurement has caused the chaos of the relevant government departments policies in practice.PPP project procurement involves the government's supply of public goods and services through the granting of procurement contracts.Therefore,it should be regulated by the government procurement legal system used to adjust public goods and services.According to the experience of the legal regulation of PPP project procurement in Britain and Japan,how to realize the inclusion of the legal system of government procurement for the particularity of the PPP project procurement is the key to the improvement of the current PPP project procurement legal system in China.Therefore,starting from the research results of PPP project procurement from the perspective of government procurement,based on the basic theoretical analysis of PPP and government procurement,this paper combs out the key problems that should be solved in the process of improving the legal system of government procurement applicable to the procurement of PPP projects,that is,the coordination of the government procurement legal system for the procurement of PPP projects.In order to solve the competition and flexibility of the selection system,the expansibility and effectiveness of the regulatory system,the smoothness and hierarchy of the relief system.By summarizing the research results of Chinese scholars and the preliminary experience of the procurement practices of PPP projects,and drawing on the current status of good legal systems in advanced countries purchasing PPP projects in the United Kingdom and Japan,the concept of perfecting the legal system of government procurement for PPP projects in China is proposed.First of all,on the basis of the legal system of government procurement,establish the concept of legal procurement,and do a good job in the coordination of PPP project procurement and traditional government procurement selection system.The trend of coordination is to introduce more flexible procurement methods to achieve the unity of PPP project procurement methods in terms of competitiveness and flexibility,and to achieve a balance between fairness and efficiency of procurement procedures by increasing the transparency of procurement of PPP projects.Secondly,an independent and specialized procurement supervision agency for PPP projects was set up to form a regulatory framework for “uniform guidance and joint division of labor” for procurement of PPP projects.Emphasizes the supervision of the entire procurement process of PPP projects,while at the same time playing a role of the public in PPP project procurement supervision and ensuring the scalability and effectiveness of the regulatory system.Finally,a fair and reasonable risk sharing and benefit distribution mechanism is established to reduce the disputes in the procurement practices of PPP projects,and the PPP project procurement behavior is divided into two stages before and after,according to the “two-stage theory”,to clarify the relief of social capital parties at each stage.Ways to achieve the smoothness and level of the relief system to maintain the good development of PPP project procurement.