Resarch On The Standardization Of Public-Private-Partnership From The Perspective Of Administrative Law

PPP(Public-Private-Partnership)is essentially an administrative act of administrative discretion.It is a concept of administrative law.It is directly related to the change of administrative duty of administrative subject under the new administrative law.Since 2013,China has set off a PPP upsurge in the public service.The most direct purpose is to attract private capital through this model to solve the current debt crisis of the government and alleviate the problem of insufficient public service provision.However,PPP encountered a bottleneck in the process of implementation.There is a central enthusiasm,local apathy,the public subject is keen and the private subject is indifferent,the landing rate is low.Specifically,there are several problems in the implementation of PPP projects.The executives and implementing departments of the PPP model are not sure,and they are long-term law enforcement.They lack specialized institutions and personnel to implement PPP;lack of credibility of the administrative agencies;game or collusion of public and private interests;both parties involved in public and private affairs shirk their responsibilities.The reasons for the administrative laws of the above issues are mainly in the following aspects:On the aspect of legislation,the relevant PPP model has a low legal level,and the department's legislative contradictions are prominent,and there is no special PPP law.Qualitatively,the mixed legal relationship among the administrative subjects,private subjects,and the public has made the nature of the PPP agreement ambiguous.With regard to the scope of application,the applicable areas of PPP are too broad,excessive oversight by administrative subjects,and a large number of pseudo PPP projects.In terms of powers and responsibilities,administrative subjects do not clearly recognize their role orientation,and there is a lack of proper distribution of power and responsibility among private parties.In terms of dispute resolution,the solution mechanism is not perfect.Based on the uncertainty of the nature of PPP contracts,the existing legal norms do not provide for uniform remedies for private subjects and their forms are too single.As for the relief of public rights and interests,the issue of the choice of civil appeals or actions,and the question of who should bear the responsibility for compensation,the specific consumer's right to remedy.In order to solve the problems of PPP,this paper proposes corresponding measures for the above reasons.We must formulate special PPP laws on the basis of adhering to the principle of legal administration,principle of proportionality,and principle of protection of trust.The administrative subject should limit the PPP model to a certain range through the criteria of discretion,availability,and evaluation mechanism.The legal nature of PPP agreement is an administrative contract,which should be included in the scope of administrative law adjustment.The administrative responsibilities of administrative subjects have changed from the previous direct performance responsibilities to guarantee responsibilities,guaranteeing the smooth completion of PPP projects.Private individuals should be subject to certain public law obligations,but their legal rights should also be protected.The establishment of a remedy mechanism mainly based on administrative litigation,supplemented by dispute resolution,giving full play to the role of administrative reconsideration and administrative mediation,and introducing arbitration under certain conditions.Reasonably set lawsuits and compensation mechanisms,fully protect the legitimate rights and interests of specific consumers,and include the relief of the rights of unspecified consumers into the administrative public interest litigation-system.Through a series of measures,we can ensure the steady implementation of PPP in our country.