Study On The Legal Protection Of Rights And Interests Of The Social Capital Part In Ppp Mode In China

The PPP mode is a kind of partnership between the government and the social capital part to providing public goods and services.On one hand,the mode can inspire the vitality and creativity of market players,improve the quality and supply efficiency of public goods and services.On the other hand,it can lighten local governments' financial burden,accelerate the transformation of government functions,give full play to the market in the allocation of resources,which will advance the modernization of national governance capabilities and governance systems and make the socialist market economy healthy and normative development.In recent years,under the impetus of all levels of government,the PPP mode has developed rapidly in China.But,due to the late start stage of PPP mode in China and imperfect legal environment of developing the PPP mode,the developing process of PPP projects is much less than expected in reality,the actual rate of signing and completing are not high,and showing a phenomenon of “best game no one played”.One of the important reasons is that legal protection of rights and interests of the social capital part has not been paid enough attention,making the social capital more likely to watch and less to participate.Compared with the government owning strong public power,the social capital part is in a weak position to some extent.In the process of PPP development of China,there are indeed many cases in which the legal rights and interests of the social capital part have been violated.Therefore,this paper is based on the real case of PPP in China,introducing and elaborating in detail the problems existing about the protection of rights and interests of the social capital part in China's PPP model,which mainly reflected in the following aspects: there are lack of relevant legislation and legal constraints on the administrative power of government;the independence of the judiciary is affected and the judicial professionalism is insufficient,so that it is difficult to guarantee fairness and justice of judicial decisions;the division of supervision is unclear and the regulation efficiency is low,which increase the operation burden of the social capital part;the government departments have weak spirit of contract and lack of public credibility,so that violation of contract occurs frequently.Furthermore,based on a full understanding about the basic legal relationships and the rights and interests of the social capital part in PPP mode,summing up the successful experience of legislation and practice about PPP in UK and Australia,combining with China's conditions and related content of The PPP ordinance(Draft for consultation)issued by China last July,this paper proposes corresponding suggestions for the legal protection of the rights and interests of the social capital part in PPP mode in China,such as perfecting the PPP mode legislation and regulating the administrative power of the government departments;strengthening judicial justice and fairly safeguarding the legitimate rights and interests of the social capital part;establishing an independent and efficient vertical supervision system to prevent the infringement of the rights and interests of the social capital part;standardizing the government's credit responsibility and information disclosure so as to achieve the social capital part's supervision over the government.At last,I look forward that the legal rights and interests of the social capital part will be protected more effectively,the enthusiasm and initiative of the social capital participating in the PPP project will be enhanced,and the advantages and creativity of the social capital will be fully utilized,eventually promoting the healthy,orderly and sustainable development of PPP in China.