Research On The Legal Regulation Of PPP Financing Mode In China

PPP financing mode,also called government and social capital partner model.The government provides a cooperative model of public goods and services through cooperation with social capital.Fast development of the financing of the PPP projects in China in recent years,but in practice this pattern also suffered a development bottleneck,the PPP financing project but be born more,less quantity but quality is poor,many of the specific project operation,as a party on behalf of the government's public sector strong willfulness,hit the confidence of the social capital into the model.This paper argues that the cause of the situation has the following two aspects: one is that at the legislative level,the PPP financing model legislative level is low and there is a conflict between the current laws and regulations,the applicable law of confusion caused confusion in practice.Second,the lack of discrimination mechanism and procedural requirements reflected in practice is the arbitrariness of operation and the project is difficult to land due to conflicts of interest.This paper focuses on the legal regulation of PPP financing mode and hopes to provide ideas and methods for solving the above problems.Specifically,this paper is divided into four parts:The first part introduces the theoretical basis of PPP financing mode.In this paper,the author argues that the definition of equal relationship between partners is more in line with the actual development needs of China's national conditions.And the classification of PPP financing mode is briefly introduced.Through the theoretical basis of PPP financing mode and the analysis of legal relationship,it can clearly define its internal objective laws and provide theoretical support for the follow-up problems.The second part analyzes the current situation and existing problems of the legal regulation of PPP financing mode in China.As for the PPP financing mode,there exist conflicts between the legislation level and existing laws in China,which is difficult to meet the practical needs.At the same time,the legal nature of the contract of PPP financing project has the dispute between the civil contract and theadministrative contract,which is the dispute of whether the two parties belong to the equal subject status.In addition,there is a lack of procedural requirements and dispute resolution mechanism in China's PPP financing mode,which is easy to create the arbitrariness and uncertainty of operation,and reduce the quality and efficiency of the project.The third part of Britain,France,South Korea three representative countries of the legal system of PPP financing model,and through the comparative analysis,combining with the advanced experience of China's national conditions to draw worth learning in our country,in order to use new ideas to solve the problem.The fourth part puts forward the concrete Suggestions on the legal regulation of PPP financing mode.The legal system of PPP financing mode urgently needs to be improved,and it is suggested to implement the top-level design of PPP financing mode in the form of unified legislation,so as to solve the problem of legal application chaos in practice.At the same time,the application scope,screening procedure and dispute resolution mechanism of PPP financing mode should be clarified in the legislation,so as to guide the practice in a unified standard.Relevant mechanism construction should also be kept in line with the international experience and the rapid development of the PPP financing market in China.This paper believes that the joint conference system can be promoted and independent supervision system can be established.It is also important to promote local legislation.