Research On Public And Private Cooperation Administrative Regulations

At the background of welfare state,providing public products and services is one of the main responsibilities of government.Due to limited government staff and fiscal revenue,government needs to find help from outside,so that government can provide enough public products and services to the public.The private departments have abundant funds and advanced technology after more than thirty years' Open and Reform of China.With studying experiences of foreign countries,the government chooses to cooperate with private departments,called Public-Private-Partnership(short for PPP).With the development of PPP,private departments are playing an important role in offering public products and services.And jurisprudential circle's research on PPP is well under way.With the research,legal scholars add some new theories,which are Administrative Form Choice Free theory and Cooperation State theory to administrative law theory.On the basis of scholar's research,author will research regulation on PPP in this paper from administrative law's perspective.In view of rapid development of PPP,there are may substantive and procedural issues which need to be regulated.To standardize the development of PPP,Ministry of Finance promulgates a series of regulations,such as Notice on the Promotion and Use of Government and Social Capital Cooperation Models,Project Contract Guidelines on Public Private Partnership(Trial Implementation),Notice on Issues Related to the Implementation of the Model Project on Government and Social Capital Cooperation,etc.But we don't make special laws to stipulate PPP.Sometimes local government carries out the regulations inadequately.Without united laws,PPP programs can not be supervised well.There are either no laws to regulate private departments as administrative ones.If private departments exercise public power illegally,the victim will not have access to get government compensation.On the basis of studying lots of documents and papers about PPP,this paper puts forward some opinions about setting up a administrative contract concept,making a special law on PPP,regulating the procedure of PPP.With a special law on PPP,legislator should amend some regarding clauses of other laws.At the same time,the government should build special project units for PPP.Government should be responsible for PPP programs,build government compensation system on PPP,and also set up administrative judicature inner Bureaus.In the procedure of signing PPP contracts,the government should sign different contracts with private departments.So that when having disputes in the procedure of carrying out PPP contracts,there would be definite legal basis to solve the issues.