Research On The Protection Mechanism Of Social Capital Interests Under The Model Of PPP

PPP model,as an innovation of the state and social governance model,entered China as early as the 1980 s.The government only used it as a tool to solve financing problems in the early stage and did not receive enough attention..Until the report of the 18 th National Congress of the Communist Party of China affirmed the argument that the social capital party participated in the construction and operation of infrastructure and public utilities,the government expressed great enthusiasm for the PPP project,and incorporated a large number of projects into the PPP model,but the government blindly Development has laid a hidden danger to the construction and operation of the later projects.For the development of PPP projects,since 2014,the government has issued a large number of policies and regulations to guide and standardize PPP projects.However,because of the inconsistency of legislation,the low effectiveness of regulations and the lack of understanding of PPP,the number of PPP legislation is large but does not form an operational normative system.In fact,the failure of some PPP projects and the establishment of a project library by the Ministry of Finance in 2017 will clear up a large number of projects,making the development of PPP projects difficult in the past two years,making the private sector discouraged from joining the PPP project.Although the state encourages private capital to join the PPP model in PPP policy documents and introduce relevant preferential policies,it has not seen the corresponding social effects.From the statistics released by the Ministry of Finance in2018,the proportion of private enterprises joining the PPP project as social capital parties is less than half.Encouraging private enterprises to join the PPP project has always been a difficult problem for China's PPP operation.The enthusiasm of private enterprises to join the PPP model is not high,which has much to do with the protection of the interests of social capital in the PPP model.Let the private enterprises join the infrastructure and public utilities construction is the original intention of the PPP model.Under the road of the country's firm PPP model development,how to protect theinterests of the social capital parties and make the PPP model structure more reasonable.In this context,this paper studies the legal protection mechanism of social capital interests in the PPP model from the perspective of private enterprises.The overall structure of this paper starts from the two aspects of legislation and PPP project agreement,analyzes the status quo problem,seeks to learn from experience,and proposes solutions.From the legislative point of view,nowadays China has entered the preparatory stage of legislation,and it is indispensable to study the protection of the interests of social capital from the legal level.At the practical level,the PPP project agreement starts because the PPP project agreement is the core contract in the PPP model contract system,which embodies the rights and obligations of both parties.The PPP project agreement is reasonable to ensure the smooth progress of the PPP project.The research on the legal protection mechanism of social capital party interests under the PPP model can not only look at one side,but also to conduct a comprehensive analysis.Based on the above considerations,the core content of this paper mainly has the following five parts:Part ?: Theoretical explanation.This paper gives an overview of the PPP model,introduces the concept,characteristics and manifestations of the PPP model,the two major subjects under the PPP model in China and the main risks in the PPP model.The connotation of the PPP model is paved the way for the following.Part ?: The importance of protecting the interests of social capital.By comparing the PPP project of Hangzhou Bay Bridge and the PPP project of Beijing Metro Line 4 PPP project,the importance of the protection of social capital interests in PPP projects is obtained,and the characteristics of PPP are comprehensively analyzed.The importance of protecting the interests of social capital in the PPP mode.Part ?:The status quo and problems.From the two aspects of legislation and PPP agreement,this paper analyzes the status quo of China's legal protection of social capital interests,and then finds the existing problems.The incompleteness of the legislation and the confusion have extended a large number of problems.From the perspective of protecting the interests of social capital parties,the most crucial thing is that there is no unified dispute resolution method.The construction of the PPP project agreement in practice,from the initial project screening to the income distribution and risk sharing in the project to the exit mechanism of the PPP project,is the key aspect of the PPP project agreement that affects the interests of the social capital.Part ?:Foreign reference.Two representative countries,Italy and the United Kingdom,were selected to analyze the Italian Public Contract Law and the PPP project standard texts PFI and PF2 of the United Kingdom,and obtained the experience that is beneficial to China's protection of the interests of social capital.Part ?:Comments and suggestions.Combining the problems of China's protection of capital interests in the PPP model,drawing on Italy's useful experience in legislation and the experience of the UK in PPP project agreements,combined with China's current situation,making recommendations on China's next PPP legislation,and from practical PPP The agreement construction level proposes the protection of the interests of social capital parties.