Research On The Rights And Interests Protection Of Social Organizations In Public-private Cooperation

Public-private partnerships are also known as PPP models.Our official documents refer to this as the cooperation between the government and social capital.The PPP model is a project operating model in the public infrastructure sector.Under the public-private partnership model,private enterprises,private capital,and social organizations participate to maximize resource utilization.Public-private partnerships in the field of infrastructure and utilities are a major innovation and institutional innovation that is conducive to expanding private investment,stimulating social vitality and increasing the supply of public goods and public services.Since the reform and opening up,a large number of public-private partnership projects have been launched in various parts of the country.From December 2015,the Central Committee of the Communist Party of China and the State Council jointly issued the "Implementation Outline for the Construction of the Rule of Law Government(2015-2020)"(hereinafter referred to as "the Outline of the Rule of Law Government"),and clearly proposed the implementation of the government and social capital cooperation model,until June 2018,The Ministry of Finance promulgated the "Government Purchase Service Management Measures(Draft for Comment)",which has basically formed a legal framework for public-private cooperation.A large number of public-private partnership cases in social life indicate the broad development prospects of public-private cooperation in China.A number of normative documents on PPP have been developed before and after the legislature.More and more social capital and social organizations participate in the PPP project,which greatly stimulates the vitality of the market and enhances the competitiveness and competitiveness of the socialist market economy.In recent years,the speed of China's economic development has gradually slowed down,and China's economy has entered a new normal.It has been insufficient to rely on the traditional way to achieve rapid economic growth.Cooperative administration came into being,and the state took an active role.It hoped to rely on investment and give play to the key role of investment in stabilizing China's economic growth.However,in practice,the relevant parties,especially the market players,also reflect some problems that need to be solved urgently,especially the rights and interests of social organizations are not fully protected.At the macro level,the entire legislative orientation is not enough to protect the rights and interests of social organizations.So far,there is no system norm on the protection of social organizations' rights and interests in China.Microscopically,the government's choice of social organizations affects the fair competition rights of social organizations;in the process of public-private partnership,the government has defaulted,and the failure to perform administrative promises has occurred;the nature of public-private partnership contracts is different,and the protection of social organizations' rights and interests The degree is also different.These have greatly affected the social organization,the enthusiasm of private capital to participate in the project,which leads to the failure of the project,and the serious public crisis,which restricts the healthy development of public-private partnership.Based on the above problem awareness,this article will combine relevant legal practice and theoretical research,focusing on the protection of the rights and interests of public organizations in public-private partnerships.Through the case analysis,the reasons behind it.Seeking to maximize the protection of the rights and interests of social organizations in public-private partnerships and maximize the public interest.This article is mainly divided into four parts,the specific content is as follows.The first part is the general theory of social organization rights protection in public-private partnership.The legal subjects of public-private partnership mainly include the government,social organizations,and the public.There are complex legal relationships among the three.In public law and private law,social organizations enjoy a series of rights and interests,including the right to income from real estate,franchise management and remuneration,and fair competition.However,in practice,the rights and interests of social organizations are often restricted and regulated by public law.Social organizations must assume certain obligations while enjoying rights and interests.After the social organization obtains the franchise right,it shall not be arbitrarily transferred,and the public utilities and infrastructure shall not be arbitrarily disposed of.The land use of the social organization shall be restricted,and the public interest of the society shall not be violated while profit-seeking.The public interest is the first purpose,and the protection of the rights and interests of social organizations must always be based on the public interest.The second part is the investigation of the status quo of social organizations' rights and interests in public-private partnership.Through the introduction of four cases,the problems in the protection of social organizations' rights and interests in reality are analyzed.First of all,Company B v.and the county city administration's bidding case,reflecting that it is difficult to guarantee the fair competition rights of social organizations before the signing of the contract;The case of Chongqing Ronghao Investment reflects the lack of contractual spirit of the government;the contract dispute between Anqiu City Government and Shandong Laiwu Zhengtai Iron and Steel Co.,Ltd.reflects the government's failure to perform administrative promises.Secondly,in public-private partnerships,there is a problem of government supervision and the lack of independence of regulators.Finally,in the choice of relief methods,there is a problem that the relief methods are not uniform.Unclear ways of social organization rights and interests in specific cases have led to certain risks in the realization of social organization rights and interests.The third part is the analysis of the reasons for the inadequate protection of social organizations' rights and interests.There is a lack of special legislation on the protection of social organizations' rights and interests in public-private partnerships.The public-private partnership legislation has many kinds of documents and low effectiveness.Before the contract is signed,the administrative subject abuses the administrative superiority right,which leads to the lack of contract spirit.The unclear positioning of the government's role leads to public-private cooperation supervision.Lack of mechanism;the lack of traditional relief mode and the nature of public-private partnership contracts affect social organization rights and interests.The fourth part is the measure to improve the rights and interests of social organizations.We must improve public-private partnership legislation and establish a special public-private partnership management organization;Strengthening the regulation of the government's legal exercise of administrative superiority and the supervision of the government;improve PPP contract dispute resolution mechanism,type dispute resolution,and establish Diversified dispute resolution mechanism,introduction of mediation,expert ruling,arbitration.