Research On The Legal Problems Of PPP Projects In China

With the economic development in recent years,the investment demand in infrastructure and public utilities continue to soar.In the past,the capital operation mode which used to be the main source of government revenue can't fill with the demand.In this context,we should pay much attention to the PPP model.The essence of the PPP project is to seek to establish an equal consultation,benefit sharing and risk sharing cooperation mode in public-private cooperation.However,in practice,PPP project due to lack of high-level system and the unreasonable regulatory framework lead to difficult implementation process.Although the Ministry of Finance and the Development and Reform Commission have reached a consensus on more and more issues in the past two years.PPP legislation has been initiated,and there are still a series of legal issues which need studying.This paper aims to study the legal problems of PPP projects and provide countermeasures for improving the legal system of PPP projects in China.By means of comparative analysis,historical analysis and case analysis,this paper expounds the operation mode and existing legal problems of PPP projects in China.On this basis,this paper combines the existing practical experience and relevant legislation of foreign PPP projects with China's national conditions,and puts forward the countermeasures to improve the legal system of China's PPP projects.In addition to the introduction and conclusion,the main content of this paper consists of four parts:The first part is an overview of PPP projects in China.This chapter discusses PPP project from its concept,characteristics,operation mode and legal relationship.Firstly,the concept of PPP project is defined.PPP is a Public-private Partnership.It was first developed on the basis of the British PFI model.The PPP model should include the following key words:government sector,social capital,infrastructure,public service and cooperative relationship.No matter how to describe the specific PPP projects,these key words should become necessary element for defining the concept of PPP.Secondly,several PPP projects are introduced in detail.Finally,this paper expounds the legal system changes of PPP projects and the development status of PPP projects in China.The second part is the problems of PPP projects in China.After a year of adjustment,China's PPP projects have entered a standardized development stage.However,the legal level of PPP projects in China is relatively low and the laws are miscellaneous.At the same time,the supervision mechanism of PPP projects is not perfect,and the simplification of dispute resolution mechanism directly restricts the healthy and orderly development of PPP projects.The third part is about the experience of foreign PPP project.Through the analysis of the provisions of common law system and civil law system countries on PPP projects,and comparing it with the legal system of PPP projects in China,the enlightenment is obtained,which provides reference for the next chapter to improve the relevant measures of the legal system of PPP projects.The fourth part is the countermeasures to improve China's PPP projects,which is the core part of this paper.Firstly,legislation should be carried out to improve the legal system of PPP projects in China.Over the years,China's PPP projects are mainly in the charge of the national development and reform commission and the ministry of finance,resulting in legal chaos.Therefore,we should adhere to the principle of division of labor and non-separation of powers and accelerate the special legislation of PPP projects We should effectively solve the problems of low rank and improper connection of laws and regulations in China,straighten out the inherent laws,and establish a high rank and unified legal system.Second,establish an efficient PPP project regulatory body.We will establish a specialized PPP project regulatory agency,improve the mechanism for oversight and operation of PPP projects,and establish a post-evaluation system and a disciplinary mechanism.Finally,the establishment of a diversified dispute resolution mechanism.This paper argues that the dispute settlement mechanism should be added to the dispute settlement mechanism prior to consultation and the dispute resolution mechanism decided by the expert committee,which can be diversified to adapt to the characteristics of PPP project such as long time,large scale,complex relationship and strong professionalism.