Research Of Temporary Taking Over System Of Public-private-Partnership Project

After the privatization of infrastructure and public utilities,public goods and services start to be provided by private sectors rather than by the government.Under the trends of privatization,the government concept has been transformed from "government for supply" into "government for guarantee",so the payment responsibility that government takes for public facilities and services has been transformed into guarantee responsibility.However,as a government sector serving the buyers,it has dropped out its identity of direct service provider,but it also bears responsibilities to protect and guarantee.Public private partnership(PPP),an important part for private sectors to participate in public utilities,is a demonstration to "guarantee government".In the building and operating of PPP project,the government sector will not intervene and meddle it,but if many obstacles occur in operation by private sectors and negatively affect stable supply of public goods and services,the government will take over it to ensure the normal running.Temporary takeover system not only shows the government’s responsibility of guarantee,but it is also a vital design to ensure the continuance and stability of public utilities.In essence,temporary takeover system is immediate administrative coercion featuring coercion,immediacy and temporality and it is a "privilege" in PPP project.Inappropriate implement will easily destroy the trust of private sectors.The commitment of national guarantee needs the suitable protection of legal system.In China,the current temporary takeover system exists many problems including low legal status,wide condition settlement,and shortage of law system of procedure.In practice,it sometimes occurs that government sector take overs PPP in violence.It is inevitable that public sectors and private sectors make cooperation in infrastructure and public utilities.In order to assure PPP’s development in a healthy way,we have to stick to the guiding principle of government takeover and improve temporary takeover system as soon as possible.The first part of the essay illustrates the problems aimed to be solved.In PPP model,the government has become the buyer instead of the producer of public goods and services,but it still takes responsibility to guarantee the supply.If private sectors cannot well carry out public tasks,the government will take over it.At present,our temporary takeover system has many shortcomings,so the government’s responsibility of guarantee is hard to be implemented.In this case,we have to improve it under the perspective of guarantying the government.The second part of the essay describes relevant basic theory about temporary takeover system.In essence,temporary takeover system demonstrates the government’s responsibility to guarantee the continuous payment and it is a "privilege"in PPP project.In legal,it is immediate administrative coercion featuring coercion,immediacy and temporality.The third part of the essay relates the current legislation situations and issues of our temporary takeover system.China’s temporary takeover legislation is very dispersive and the system has such issues like wide condition settlement and deficiency of legal system of procedure.In practice,the government considers it as the representative of"public interests",and abuses its right of free measurement on the ground of "dangerous situation".Besides,the government often takes over PPP project at will without due procedure.The fourth part of the essay discusses the improvement of temporary takeover system.Because of its loose regulations,we should control it at the standard as guar anting the public interests.Due procedure has such functions as rights guarantee,esteem safeguard and enhancing administrative efficiency,so it is urgent to establish legal procedure to regulate the temporary takeover system.Due to the fact that the system exists the issues like the dropping out of private sectors and settlements of disputes,the improvement of corresponding legal system is an urgent task.The fifth part makes a conclusion of the whole essay.In view of the complexity of temporary takeover system,the author suggests that the improvement of the system should be conducted under the cooperation of government and social capitals.