Study On Government Authority Boundary Of Public-private Partnership Standardization

The standardization exploration of public-private partnership shows the turning point of the development of China's PPP industry.The turning point presents the process from the horizontal development of scale to the longitudinal development of system construction.The standardization of PPP industry is supposed to consider the inherent principle,structural factors and other characteristics of PPP model as a breakthrough point,and the problems are supposed to be found out and be responded specifically.This article thinks the boundary of the government authority should be based on the maintaining background of the public interest of PPP,the establishment and the empowerment of PPP Industry Association should be taken into consideration,and the authority content of government should be given the appropriate allocation and reasonable coordination so as to promote the goal of the standardization of PPP industry.The thesis is divided into five parts:The first part is the standardization of the PPP on the premise of government intervention.On the one hand,from the perspective of practice,the exploration of PPP standardization is considered as a response to PPP practice;on the other hand,the effect of economic law on special economic relations is used as approach to fitting PPP from the aspect of theory.The second part is the theoretical approach and practice of the boundary of government authority.This part comforts to the research path of background theory,subjectivity theory and behavior theory.The tension relation between the subjects and public goods and service in PPP model is analyzed on the basis of the two standardization relation in behavior economy.The subjectivity theory firstly investigates the three elements of the government,the social middle class and the market in economic law,and then analyzes the reasons of the absence in the PPP Industry Association.The behavior theory points out the contradictory facts that the government has various authorities which are based on the participation,regulation and guide of the economic relation.The third part shows an empirical analysis of the government authority in the PPP standardization.This part concerns the 25 samples of municipal regulations and considers the law analysis of government authority as the main content for the purpose of analyzing the current situation from the aspects of participation,regulation and guide.The forth part is the dilemma of government authority boundary in the field of PPP industry.The dilemma,following the analysis method of participation,regulation and guide,involves three elements that the conflict between the participation of PPP industry and the subjectivity of government,the overlap between the regulation of PPP industry and the regulation of government and the overlap between the guide of PPP industry and the policy of government.The fifth part presents the system construction of government authority boundary in the PPP practice.This part is divided into four aspects.Firstly,under the government authority boundary the system of three overall goals of PPP standardization is introduced to normally complete PPP project,make the public goods and service in public,and insure the reasonable and limited needs of interest of each participant.Secondly,the legal position of de-administration is discussed in PPP industry so as to highlight the equality of government participation.Moreover,the authority allocation of government and Industry Association regulation of PPP industry is demonstrated.Finally,the guide of Industry Association and government is proved to be the two main lines of PPP industry.