Study On The Legal Regulation Of Land Resource Compensation In PPP

PPP mode is being applied in China in full swing,which is advanced in the era for infrastructure construction and public service supply,and is a kind of institutional innovation leading.This will also benefit the realization of our government's goal of streamlining administration and delegating power,combining deregulation and optimizing service political reform.However,PPP has inherent requirements of equal consultation and cooperative cooperation under the private law system.Social capital,as an important part,is inherently profit-driven.Due to its public welfare nature,PPP can bring significantly less benefits to social capital.Land resource compensation can not only fully mobilize the investment interest of social capital,but also effectively reduce government debt pressure.How to make effective use of the positive impact of land resource compensation on PPP mode application needs to carry out research on the land resource compensation mode itself.At present,China's land resource compensation regulation in the PPP field has the defects of overly general provisions,weak rationality,insufficient rationality of provisions and low level of documentation effectiveness.Therefore,it is necessary to improve the system construction as soon as possible and give play to the guiding role of superstructure.In addition,we will make further empirical studies on demonstration projects in Zhejiang province to explore their advantages and disadvantages.Of course,the construction and optimization of the system need to learn from other useful experience.The contents of government and social capital cooperation and land resource compensation could learn form the TOD,the RCP and the franchising model of industrial new city.We can draw lessons from this and establish and improve the land resource compensation regulations in the PPP field.At the same time,since PPP itself has the attribute of public benefit,the theory of public products determines that the principle of public welfare priority,fair competition and appropriate management intervention should be adhered to in the formulation of regulations on land resource compensation,and We will refine and improve specific systems for controlling market access,controlling price and profit,and safeguarding public interests.For the construction of land resource compensation system in the field of infrastructure and public service,it is not only to strengthen the system construction in the process of land supply,but also need to improve the land legislation in the early stage of supply,such as the market transaction mechanism of rural collective construction land use rights.The deep reform proposition of land resource compensation is still to give play to the basic role of market mechanism on land resource allocation.