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Research On Protection Of Public Interest In Public-Private Partnership

Posted on:2018-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:D MuFull Text:PDF
GTID:2416330515489726Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The wheels of history are rolling and bringing new development to human society.After the Second World War,the economy and society of west countries have been rapid advanced by the reconstruction,followed by the growth of public demand and diversification.These changes make the government by virtue of their own to provide public services unsustainable.In order to meet the needs of the public,we must explore a new model of public service delivery.PPP model came into being.The PPP model is a way for government and social capital to provide public services for the public.The growth and diversification of public demand has promoted the emergence of PPP model and provided long-term driving force for its development.Although the PPP model violates the traditional model of public service provided by the government,the new theory makes its existence more reasonable.The new public service theory divides the public service into pure public service and quasi-public service,separating the public service arrangers from the producers,thus making the social capital participate in the quasi-public service field and become the producer of the quasi-public service.It provides a legitimacy basis for the PPP model,which makes public services provided by the government to break through the traditional single mode.Public service is no longer the "monopoly" of the government,and the social capital can also participate in the provision of public services.Public service relates to the people's livelihood and the public interest occupies an important part,which in the development of PPP model,protecting the public interest is very important.The public interest is the value goal of the PPP model,and the public interest is superior to the private interest.At this stage,there are many problems in our PPP model.The many bodies of legislation and the chaos of legislative models led to the imperfect legal system;the lack of government regulation to control the overall regulatory body,and the division of powers between the regulators is unclear.Dispute settlement mechanism exists PPP contract dispute.There is a conflict between normative documents of dispute resolution.Administrative public interest litigation has not yet established.Public supervision only has two ways including complaints and suggestions.There is a serious lack of public supervision channels.In the government concept,the government failed to recognize itself as a partner and supervisor.The PPP model becomes a tool of government debt and sectoral interests competing.In this regard,the author suggests that the government should strengthen the concept of public interest protection and clarify its role.In legislation,we adopt the legislative model of unified legislation and individual legislation to formulate the"Law of Public-Private Partnership" and clean up the existing PPP model laws and regulations.In the government supervision,we should use the independent regulatory model under government framework,establish PPP model mechanisms of supervision and advisory bodies,and improve the existing project approval procedures and price regulatory mechanisms.In the dispute settlement,we should define the mixed contract of the PPP contract,adopts the dual relief mode of "civil relief priority,administrative relief guarantee",and explains the existing legal conflict,constructs the administrative public interest litigation;in public supervision,Set up a third party supervision body,improve the hearing system,the establishment of public evaluation mechanism.
Keywords/Search Tags:Public-Private Partnership, public interest, extraterritorial experience, problem, countermeasure
PDF Full Text Request
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