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Research On Government Supervision Under PPP Model

Posted on:2020-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2416330578960957Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The PPP model refers to a partnership between the government and the social capital in order to form an urban infrastructure project or provide some kind of public goods and services.The PPP model can give full use to the market mechanism and mobilize resource advantages to maximize benefits.meanwhile,the introduction of social capital has alleviated the government's financial pressure in the field of urban infrastructure construction,and improved the quality and efficiency of public service products,which is of great significance to urban development.Aspects of the PPP model operation,including project preparation,construction and operation,and handover and exit,have different regulatory objectives and regulatory contents.Coupled with the implementation of the PPP model in the urban infrastructure sector,the government's functional role has changed from a direct provider to a dual-identity project participant and regulator,resulting in poor regulatory results.This paper mainly discusses the government supervision issues in the PPP model from the following three parts: The first part uses the value analysis method to demonstrate the justification basis of the PPP model government supervision.Since the social capital side is profitable as a market subject,market failure will inevitably occur.Based on the consideration of social public interest,the government must supervise the PPP model.The second part analyzes the basic content of the current PPP model government supervision to understand the current regulatory status,and finds that the PPP legal norms are leg-behind and there are certain conflicts and inconsistencies between the norms.The PPP regulatory laws are vague and mostly principled.The government regulatory agencies are not clear and the regulatory control mechanisms are not perfect.Through empirical analysis,this paper analyzes the successful and failed classic public-private cooperation cases in China,and draws on the government supervision experience of public-private partnership projects to provide practical support for government supervision,which directly confirms the importance of government supervision.The third part puts forward corresponding countermeasures and suggestions on the problems existing in the current government supervision of PPP mode.The original regulatory system applicable in the infrastructure sector is no longer suitable for the regulatory requirements under thePPP model.To improve the government's regulatory capabilities and achieve regulatory objectives: 1.In terms of legal construction,the PPP legal hierarchy should be improved,unified legislation should be implemented,and the government should be clarified.2.In the aspect of supervision,an independent comprehensive regulatory agency shall be established,which shall be affiliated to the State Council,implement a vertical management system,and independently exercise supervisory authority;3.In terms of regulatory constraints,through the disclosure of PPP project information and regulatory power exercise process Develop a list of supervisory authority powers;refine the regulatory recourse laws to regulate and restrict.Therefore,an all-round multi-level PPP government supervision system will be constructed as a whole to promote the reform and development of the PPP model.
Keywords/Search Tags:PPP Mode, Public-private Partnership, Regulation, Administrative power
PDF Full Text Request
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