The Analysis Of Government Legal Position In PPP Mode

With the rapid development of economic and the accelerating progress of urbanization,there is greater and greater pressure on the traffic infrastructure construction in our country.As the greater pressure on the traffic infrastructure,there is more and more demand on the funds of the traffic infrastructure construction.The more demand on the funds for the infrastructure construction leads to a serious problem to raising the money of the government.At this time,the government adopts the PPP Mode,which will prompt the cooperation between the government and social capital.The government as the important role in this project plays a significant part in the success of the project.However,in the traditional public goods theory,the government's role in the PPP project is only a supplier providing public service.The traditional role of government will put more pressure on the government and lower quality of their service.But in the public goods theory,there is change in the government's role and it has changed from a supplier to the partner and superintendent.This thesis will emphasis on the role change of government in the PPP project and responsibility and liabilityThe thesis firstly introduce some theatrical contents of the PPP mode with the problems,briefly introducing the meaning and scope and the principal part and legal relation.Based on the legal ground,we will analyze the fundamental difference on the principal part between domestic and international.Then we will introduces some domestic and international PPP mode cases,analyze the problems arose from the working of PPP mode and at last analyzed and compared the range of application of the domestic and international PPP mode cases from financing structure and project management,summarizing the reasons and experiences of the success and failure of the PPP mode.After that we will study the correlation theory of our government's role change in the PPP project and introduce the laws that can be applied to this mode and analyzed the different effects of the government's role as a partner and as a superintendent.At last we will introduce the risks in the process of this mode,analyzing the role of government in the risks and work out corresponding measures from the problems in the cases and problems of the risk sharing.