On The Legal Regulation Of PPP Mode Of Expressway In China

Expressway is one of the important signs to measure the modernization of a country.The economic construction of a country largely depends on a set of mature supporting transportation facilities,which is particularly prominent in China.Although the Chinese government has issued a series of related supporting policies,so that the highway construction of a variety of financing methods have laws to follow,according to the evidence,but,relying on bank loans for financing this major pattern has not changed substantially.It was still the government that set up the highway company and used the government credit to get loans from Banks to build the highway.According to the road network planning for 2013-2030 issued by China in 2013,the total number of newly built expressways is about 25,000 kilometers.At the same time,China's private capital urgently seeks investment channels.If private capital can participate in China's highway construction,it will undoubtedly be a win-win situation.The construction of highways requires a lot of funds,and traditional bank lending has revealed more and more shortcomings.At this time,the PPP model appears on the stage of highway construction.Its own advantages are more obvious than bank lending.It is precisely because the PPP model has advantages that these traditional financing methods do not have,it has been favored by many people at a time.Since 2014,the state has vigorously implemented the PPP model,and various ministries and commissions have successively issued legal documents to regulate the healthy development of the PPP model,although these legal documents can to a certain extent provide assistance for the healthy development of the PPP model on highways in China.But at the same time,many problems have been exposed,such as the legal positioning of the government in the highway PPP model.In the highway PPP project,the government has a dual identity,that is,collaborators and regulators,due to the lack of explicit legal regulations.This phenomenon is common.However,the consequences of dual identity are very serious.It can not only affect the willingness of social capital to participate,but also affect the supervision of the expressway PPP model.If it is not differentiated,it will seriously affect the PPP model in the area of highways.Health development,in addition to,In the highway PPP model,although the ratio of government to social capital has a background rule,such a background rule does not solve the problem that it should solve if the government invests too much capital in the project company.It will seriously affect the construction and operation of social capital,which is not conducive to the social capital to give full play to its advantages in the highway PPP project.There are also some problems in the process of supervision and regulation of expressway PPP model,and there are even some legal gaps in supervision.The existence of these problems will have a negative impact on the continuous and healthy development of expressway PPP model.Based on this,By using the methods of literature,comparative analysis and historical analysis,this paper starts with the following four problems: the ambiguity of government role in highway PPP project,the legal dilemma of project capital system,the lack of effective supervision system and the lack of perfect legal regulation.Through the comparative study to draw conclusions,and put forward their own suggestions.It is hoped that PPP model will run more smoothly in the construction of expressway in China.