Research On The Legal Regulation Of China's PPP Model

At present,China's economic development has entered a new normal,and the economy has generally shown a “L” type of slow growth.Coupled with the recent trade dispute between China and the United States,China's macro economy is facing downward pressure.In order to effectively stimulate the economy and better play the key role of effective investment in optimizing the supply structure,The Party Central Committee and the State Council clearly require all localities to further maintain the construction of infrastructure areas and continuously increase investment in infrastructure projects.However,from the data of the first three quarters of 2018,the growth rate of China's infrastructure investment has dropped significantly.The shortage of funds is an important reason.At the beginning of 2018,the Ministry of Finance strengthened the supervision of local government debt,especially implicit debt,for economic transformation and risk prevention.The local government's debt is strictly controlled.Affected by this,many local infrastructure projects have large funding gaps and cannot even start construction.Faced with this grim situation,it is urgent to promote the PPP model throughout the country to encourage and guide social capital to actively participate in urban infrastructure investment and operations.Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Deepening Reform pointed out:”Allowing social capital to participate in urban infrastructure investment and operations through franchising and other means”.Later,the PPP model project has attracted wide attention from all walks of life.Under the vigorous promotion of the National Development and Reform Commission and the Ministry of Finance,PPP projects have sprung up like mushrooms.However,because China's PPP model still has many problems in legal regulation,it has affected the cooperation between the government and social capital.PPP projects are difficult to start,difficult to construct,and difficult to handle disputes,and there are many uncertain risks.Therefore,it is necessary to study and improve the laws and regulations of China's PPP model.This paper studies the legal regulation of China's PPP model.First introduce thetheoretical basis of the PPP model.including the background,basic connotation,theoretical basis and legal relationship;Then analyze the operation status and practical problems of China's PPP model.Including prominent issues at the level of law making,supervision and management,and dispute resolution.Then combined with China's national conditions,research on the United Kingdom,Australia,Canada,Taiwan and other countries and regions.Finally,from the aspects of constructing the PPP model legal system,clarifying the management organization,standardizing the operational process,perfecting the supervision mechanism and improving the relief channels,the paper puts forward suggestions on perfecting the legal regulation of China's PPP model.