The Analysis About The Legal And Institution Path Of The Sewage Treatment PPP Project's Development

The current problems of water pollution in our country are gradually showing the characteristics of inter basin,multiple,and so on.Relying solely on the national administrative management and polluter-pays-principle to deal with environmental pollution problem has many disadvantages,it cannot meet the demand of the sewage treatment.The development of environmental protection PPP project is the new correct choice for the sewage treatment under the tide of "multi management" of environmental protection.However,although the development of PPP model is good,but its application and development in the field of sewage treatment is not mature.How to make the healthy development of the legal system is relatively complex.This paper will analyze the development of sewage treatment PPP project,the development of the status quo and typical cases.And then analysis of legal requirements and institutional requirements of PPP project development in China,finally study on the legal and institutional path for the healthy development of sewage treatment PPP project.The first chapter,the development status of sewage treatment PPP project in China.The first part introduces the development of PPP project of sewage treatment in China.Firstly,It introduces the specific PPP model of sewage treatment PPP project.Secondly,it introduces the development of sewage treatment PPP project in China.Finally,it introduces the legislation about PPP project of sewage treatment in China.The second part of this chapter basically introduces China's two case of sewage treatment PPP project from three aspects: the government,the social capital and the contracting capacity,and it reflects the practical operation of the legal and institution needs in the process of sewage treatment PPP project.The second chapter,the SWOT analysis of sewage treatment PPP project's development.This chapter takes the SOWT method to analyze the advantages of the development of sewage treatment PPP project.Including strengths,weakness(,opportunities and threats,the author thinks that the main advantages of the sewage treatment PPP project's development can be summarized into two aspects: It can improve the sewage treatment professional level and it can alleviate the financial pressure on government pollution control.The main weakness lies in : At first,the risk mechanism and guarantee mechanism of the project is difficult to build.Secondly,sewage treatment PPP project's concession period have decision-making blindness.The main opportunities for its development is about the theory of environmental protecting "multi management" and the policy support of PPP project.Its threat is about two aspects: sewage treatment PPP project's supervision mechanism is not perfect and sewage treatment PPP project's related legal system is not perfect.Finally,on the basis of the foregoing,the legal system requirements of PPP project development of sewage treatment in China are summarized by author.The third chapter is about the application model of PPP in the field of sewage treatment in China.The first part of this chapter puts forward the corresponding legislative proposals on the basis of demand.The second part put forward the system proposal from three points :the government,the social capital,and the construction of the project contracting capacity.The government point mainly involves three aspects: the construction of government credit responsibility system(the formulation of government's liability for breach of contract and the establishment of government credit system),the construction of the supervision and management mechanism(bidding supervision,sewage treatment efficiency supervision,water quality supervision),and the construction of professional information institutions.The social capital point mainly involves two aspects: the establishment of the periodic reporting mechanism of sewage treatment capacity and the construction of technical research mechanism.Finally,it expounds the construction of contracting capacity of PPP project subject to sewage treatment from two aspects: the construction of risk mechanism and the construction of guarantee system.