On The Improvement Of The Legal System Of Public-private Cooperation In China

Public-private partnership refers to a government and social capital cooperation models, it is a new type of project financing mode, is also a kind of innovation management mode of public products, also can better benefit the public interest. Public-private partnerships as a dominated by the government and promote the important measures, by governments, research in the field of public-private partnership in our country and not enough attention. Public-private partnership related legal system, how to set up? When a public-private born dispute occurs in the process of how to remedy? The supervision and administration institutions completeness of public-private cooperation? All these problems need to be solved. This paper concerning the improvement of the system of public-private partnership law, for the above mentioned problem to find a suitable solution. The thesis is divided into four parts. The first part of the connotation of cooperation for the company. In this section, first the concept of public-private partnerships, the type of public-private partnerships, the use of public-private partnerships, such as the definition, for a sit down below. Then the public-private partnership in the legal relationship between subject and object, the object of the public-private partnership, the legal relationship involved has carried on the summary analysis. The second part is mainly to the current situation of the public-private partnership law of our country and existing problems of legal regulation is discussed. First, make a list of the fabric of the legal relationship, public-private partnerships and public-private partnership law system, to achieve the goal. Second, clear the legal problems existing in the public-private partnership: one is the public-private partnership law system is not complete, this is not conducive to establish my company the legal status of the cooperation, the second is a public-private partnership to include administrative law framework, public-private partnership need further regulation and administrative law, the regulation of administrative law, will not be controlled, the executive power of the citizen's rights and interests will be damaged. Three relief way is not clear, the state's relevant laws did not give specific provision with respect to the manner of public-private partnership, due to both sides, if a problem occurs appeal way hard choices. Four is incomplete regulatory system, the lack of a specific regulatory agencies and regulatory basis, sets up a special supervision and administration institution for public-private partnerships more sunshine, transparent and fair. The third part is to learn from the international successful public-private legal system, respectively, in the UK, Japan, Germany, South Korea, for example. Attempt to improve China's existing legal system of public-private partnership. The fourth part is according to the problems facing China's public-private partnership puts forward the method to improve it. A sound system of public-private partnership in China and other relevant laws, guarantee its can get positive development in the future management operations.