Research On The Legal Incentives For Social Capital To Participate In PPP Projects

The PPP model is one of the important tools for the structural reform of the supply side.The rational operation of the PPP project is an important part of ensuring the public interest.The provision of environment for PPP is an important guarantee for the development of PPP.PPP in China has experienced the introduction stage,the gradual development stage.And PPP has entered the standardization stage of development from 2014.Standardization of the important objective is the rule of law and supplementary measures to improve.At present,our government is rapidly promoting the PPP project landing,promulgating a large number of policies to give support.However,there are still some problems.Policy and policy is different from different subjects.Policy is conflict with the law.There are a number of different authorities such as the Development and Reform Commission and the Ministry of Finance.The problem is that the operation guide is rough.It is urgent to complete the relevant laws and regulations and escort the normal operation of PPP.The premise of promoting the enthusiasm of social capital is to clarify the reasonable demand of social capital to participate in the PPP project,and to form a legal incentive through the improvement of relevant laws.In addition to the introduction and conclusion,the text is divided into four parts.The first part is to clarify the definition and operation status of social capital participation in PPP project.The first part is the definition of social capital participation in PPP projects.Participation includes three aspects.Entering the PPP project is the first step in the participation.Running the PPP project is the second step in the process.Exiting the PPP project is the third step in the process.The second part is the practice of social capital participation in PPP projects.By citing the statistics from Ministry of Finance,we can indicate that enthusiasm from the current social capital,especially private social capital is not high in the PPP project.And briefly explain a phenomenon that the lack of legal incentives is a important reason why social capital does not actively participate in PPP projects.The second part is to clarify the problem of lack of legal incentive mechanism.Lack of legal incentive mechanism are mainly reflected in access and exit mechanisms,the system of return on investment,risk sharing,dispute resolution and supporting legal incentive factors which are closely related to social capital participation in PPP project.Supporting legal incentives include financing,land and management incentives.This section focuses on the specific aspects of the five aspects mainly with the existing specific system.The third part is the case study of domestic social capital participation in PPP project.By combing the existing PPP project cases and the analysis of two typical cases in our country,we have summed up the successful experience and the lessons of failure.The fourth part is measures of social capital to participate in the PPP project.This part will study the experience and lessons of foreign system and practice on the basis of the theory and practice of PPP project in our country,and put forward measures on the problem elaborated in the second part.