The Public—Private—Partnership(PPP) Mode Regulation Law Studies In China

Over the past 40 years of reform and opening-up,great changes have taken place in China.The main contradictions in Chinese society have been transformed into the contradiction between people's expectations for a better life and the insufficient unbalanced development.However,due to the financial constraints of local governments,some infrastructure construction still lags behind.In order to better meet the needs of the people,some social capital Integrating into it,PPP mode also emerges as the times require.Since the end of last century,China has entered a high-speed development stage of PPP model.The government encourages private capital to participate in it through various policies,plays an important role in infrastructure construction to meet the needs of the people,and greatly supplements the lack of government investment.However,the development of reality must also be fully aware that the development of PPP mode as a new thing in China needs to be guaranteed by legal norms.At present,there are still many loopholes and gaps in the supervision of PPP mode in our country,such as the imperfect supervision mechanism,the imperfect signing of legal contracts,the incomplete dispute settlement mechanism and the difficulty in raising project funds.The emergence of these problems will not only affect the enthusiasm of social fund participation,but also lead to the failure of PPP projects in a deeper sense.Speaking,it will also damage the public interests of society,which is the "good" pursued by the government itself.Therefore,how to improve the PPP model through legal supervision,so that it can better serve the public and realize the people's good expectations for material life needs in-depth thinking.Starting from the basic theory of PPP mode,this paper systematically analyses the origin,connotation and basic characteristics of PPP mode,and lays a foundation for the explanation of the reasons.Through a detailed analysis of the legal problems existing in the current PPP mode,this paper sufficiently draws lessons from the mature experience of the development of foreign PPP and the lessons of the success and failure of our country in the light of our national conditions.Some constructive suggestions and countermeasures are put forward to meet the needs of the public for infrastructure construction.This paper holds that the system is the precondition of practice,and the modernization of national governance capacity and governance system needs the improvement and Realization of the legal system.Perfecting the legal system is also an important guarantee to promote consultation and cooperation between the government and social capital.In order to develop PPP model well in China,it is necessary to clarify the relationship between government and private capital with the force of law.The relationship between rights and obligations,the reasonable government position,promote the rights and obligations of both parties in the process of PPP project cooperation,safeguard the interests of all parties through various channels,and promote the standardized operation of PPP model.