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Public Utility Government And Social Capital Cooperation Administrative Regulations

Posted on:2019-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:N N WangFull Text:PDF
GTID:2416330566486735Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In the government-social capital cooperation(PPP)model,the government's creative combination of enhancing public goods and service supply capacity and social capital is in response to innovation in the provision of public goods under the supply-side reform model.The PPP model emphasizes equal consultation between the public sector and social capital,and multi-elements co-governance.The basis for cooperation between the two parties is the legal contract.This contract model introduces social capital into the public administration and enables it to assume some public management functions so that the government can perform legal duties such as public governance and provision of public services more efficiently.The relationship between the public sector and the private sector embodied in the PPP model is affected by the continuous changes in government-to-market relations and the continuous adjustment of government activity guidelines.Therefore,the relationship issues that need to be clarified will continue to arise.In the PPP project,the government cooperates with social capital to jointly undertake the public service supply function,making the PPP project contract have administrative law significance.The government and the social capital cooperation(PPP)model can cooperate with each other according to the items in the project contract,but based on the incomplete nature of the contract,it is impossible for both parties to agree on all the risks that can be foreseen during project development.Therefore,it is necessary to use regulatory methods beyond the contract to regulate the cooperation between the government and social capital in the utility sector.The government has the power of administrative management,and the legislative construction grants the government the authority to regulate social capital.The government formulates specific administrative decisions so that the social capital side can assume and perform the duties based on the contractual agreement.However,at the same time,the authority of government regulation is too large,and it is easy to use its discretion to damage the private interests of social capital.Therefore,in order to balance the contradiction between regulation and regulation,the author advocates bringing government and social capital cooperation(PPP)into the scope of administrative regulations.At the same time,the regulatory procedures and rationality evaluation system of administrative law shall be adopted to regulate government regulation in order to achieve better regulation.value.
Keywords/Search Tags:Regulatory administration, legal contract, Common governance, Regulatory procedure
PDF Full Text Request
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