Research On The Regulation Of Social Capital Investors' Rights And Interests Protection In PPP

The contract dispute between Huangyang Town Government,Huangyang Administrative Committee and Hanshi Company fully reveals the problem of "balanced interests of interests" in China's PPP model.Even if both parties are illegal,the courts often start from protecting the public interest.It is also easy to make judgments that are not conducive to social capital.Although the PPP model emphasizes mutual benefit and mutual assistance,the regulation also clarifies that the government and social capital are equal in status,but in practice the public and private sectors are complex game of interest.In the context of"strong goverment and weak capital",the "containment" and "lock-in" of public welfare and private interests exist throughout the life cycle of PPP projects.Existing regulations have problems such as multi-interest,deviation of rights and protection,and serious conflicts.The rights and obligations of government and social capital have not yet been clarified,and the rights of social capital investors(private benefits)cannot be effectively guaranteed under the system of honesty and trustworthiness.From the PPP extraterritorial investigation,whether it is the direct legislative protection model(Australia)or the indirect legislative model(Korea and Germany),it pays attention to the maintenance of private interests.The United Kingdom,France and Germany also provide a good reference for further research.Improve the research on the regulation of social capital investors' rights and interests in China's PPP.