Research On Legal Issues Of Asset Ownership Of PPP Projects

PPP model has gone through three stages: introduction,promotion and standardized development.Special Purpose Vehicle has become the focus of the standardized development of PPP model,and the definition of asset ownership of PPP project is the difficulty of Special purpose vehicle,which will directly affect the standardized development of China's PPP model.First of all,the project company has its particularity because one party's shareholder is the government,and the distribution of its asset ownership is relatively complex.At present,there is no corresponding normative document for detailed provisions in China,and the project asset ownership in practice lacks clear legal judgment basis.Second,in the practice of government and social capital party often prescribed by the government have the ownership of the project assets,not only conducive to project financing,also affect the specific implementation of the PPP projects,in order to ensure the project advance speed,improve project efficiency and guarantee financing feasibility of the project,in the practice of a large number of projects created about the right to run the project assets.However,due to the current lack of legal basis for the operation right of project assets,but the lack of basic operational guidelines and policy guarantee for the use of the operation right,new problems have been brought to the practice,leading to the arbitrary and chaotic use of the operation right.Finally,there is a certain contradiction between the distribution of asset ownership and land use right,which leads to many difficulties in the implementation of PPP projects.It can be seen that there are many difficulties in the ownership of project assets in China's PPP mode.From a macro perspective,it is not conducive to the standard development of PPP mode,and thus the system value of PPP mode cannot be realized.From a micro perspective,it may affect the normal operation of PPP project assets,making the project impossible to be implemented.In order to realize the modernization of China's national governance capacity,improve the efficiency of public goods supply,the standardization of PPP projects has become the common voice of the theoretical and practical circles,and is also the future trend.In view of the dilemma of PPP project asset ownership and responding to the phenomenon of project asset operation rights in practice,it is necessary to consider the following three aspects: First,introduce the public facility operation right system,and respond to the practice practice from the system design;It is to improve the PPP legislative system with the right to operate public facilities as the core,to clarify the operation rights of public facilities from the legislative direction and the legislative system level,and to provide legal basis for the practice of PPP project asset ownership distribution.The third is to clarify the operation rights and land of public facilities.The relationship between the right to use,regulate the way the land is transferred.