Research On The Legislation Of China's Government And Social Capital Cooperation (PPP)

Based on the conflict between China's PPP policy documents and current legal provisions,conflicting regulations among various policy documents,and lack of stability of policy documents,China issued the “Regulations on Government and Social Capital Cooperation in Infrastructure and Public Services(Draft for Soliciting Opinions)”(hereinafter referred to as "the PPP Regulations")on July 21,2017.This paper will investigate on the basis of PPP regulations and explore the proper status of China's Government and Social Capital Cooperation(PPP)(Draft for China's PPP legislation).The first part of this paper analyzes the legislative purpose and core contents of China's PPP regulations,and finds that its purpose is to prevent the confusion of regulations caused by “ policy documents from multiple departments” and to regulate the operational processes of PPP projects.However,the specifics of the project participants,the scope of application and the operating procedures are rough,it cannot solve the problems faced in China's PPP legislation.The second part examines the experiences of extraterritorial PPP legislation and concludes that the current PPP legislation model are the existing legal regulation model,specific field legislative model,and unified legislative model.In order to demonstrate weekly extension.,this paper reverts to the original source and demonstrates that China has the feasibility of establishing the PPP through legal,theoretical,and practical aspects.At the same time,according to the peculiarities of the PPP legal relationship,it is concluded that China should adopt a unified legislative model and establish the PPP law to achieve a one-step approach.The third part analyzes and establishes the PPP method according to the stage of application of the PPP model,it should coordinate with other regulations.Special provisions are made in the PPP law to adapt to the development of PPP and prevent the conflicts of laws according to the special law is superior to the common law rule of law.The last part attempts to put forward the basic principles of PPP legislation.Based on these principles,combined with the deficiencies in the contents of the first part of the PPP regulations,it puts forward corresponding suggestions for the establishment of the PPP law for China,in order to providing new ideas for China's PPP legislation.