Study On PPP In Legislation

PPP is a long-term cooperative mode between public and private sectors relating to providing public products and services,which is regarded as cooperation between government and social capital in China.The application of PPP will not only alleviate national financial burden,but also improve the efficiency of offering public products and service,serving as a key power to prompt a stable growth for national economy,the shift of governmental functions and the advancement of national governance ability and system.PPP mode has been rapidly focused and widely applied to the field of infrastructure since the Third Plenary Session of the 18 th CPC Central Committee put forward to the idea that social capital is allowed to participate in the urban infrastructure investment and operation through franchising.However,a vague knowledge of PPP and lack of strong legal regulation contribute to many problems arising out of the application of PPP,affecting the domestic development of PPP seriously.Therefore,it is urgent and essential to promote PPP legislation.This paper consists of six parts.In the first part,illustrating the background of this topic and the significance of study is to show the motivation of studying on PPP legislation.with existing researches at home and abroad,it can be found the blind spots which can be settled by scientific research methods.The second part mainly analysis the conception of PPP and the legal nature of PPP agreements.PPP involves many fields and has a long period of time,and it is difficult to precisely define PPP in only one subject.The conception of PPP can be sure if the common character could be found by analyzing definitions of international organizations and other countries and differences can be discovered from privatization,government procurement and concession.Comparing civil contracts and administrative contracts,the legal nature of PPP agreements will stand out.Only it belongs to heterogeneous legal nature of civil contracts and administrative contracts,PPP mode could highlight the public private partnership completely.In the third and fourth parts,it focuses on analyze the PPP laws in foreign typical countries,and legislative status of PPP in our country.As a developed country,Britain comes up with PPP mode initially and established PPP legal system based on existing government procurement laws and lots of PPP policies.And Korea set up PPP legal system by making unified PPP act and relevant laws.By studying on the PPP legislative process and legal regulation of Britain and Korea,the legislation modes and legal systems of PPP could be learned.And due to excessive PPP rules and policies in our country,chaos of the PPP legal relationships and ambiguous legal nature of PPP agreements make legislation in PPP cannot go on successfully.Specific proposals to perfect PPP legislation shall be given in the fifth parts by learning their successful experience and combining with national existing conditions.It is not only to choose appropriate legislative mode,but also to set up unified management organizations and perfect PPP legal system.In the sixth part,there is the conclusion that the prerequisite of legislation is the accurate definition of conceptions.This paper is designated to analyze the problems in the PPP legislation by the analysis and definition of PPP conception associating with the legislative process of PPP in our country.Due to the help from British and Korea in PPP lawmaking,the legislation of PPP shall be promoted to bring a well and orderly development for PPP in our country.