Research On Rule Of Law Guarantee Of Local Government's Participation In Social Governance Innovation Under PPP Model

Drawbacks of the traditional Management-oriented Social Governance model are becoming increasingly prominent,and operational efficiency of public administration is becoming increasingly low,it is imperative to change the mode of social governance.The core of social governance innovation is to advocate the transformation of government and the diversification of governance subjects.Encouraging private enterprises and social organizations to participate in social governance through cooperation,build a model of social governance in which the government,the market and the public participate.Applying PPP model to social governance activities of government departments and building equal partnership between government and enterprises will effectively promote the innovation and development of social governance model.In practice,PPP as a market-oriented investment and financing means reflects its due commercial value.At the national level,the application of PPP also has a strong social governance function.PPP model will ultimately achieve the goal of good governance of social governance by building a cooperative mechanism among the government,the market and the public,making up for the deficiencies of individual subjects,improving the supply of infrastructure and public services,and seeking to maximize public interests.However,the application of PPP model in local government social governance activities still exposes some problems,such as:Local government investment decision-making is extensive,PPP project approval process is complex,and social public interest risk is damaged.The misunderstanding of local government supervision over PPP projects also leads to the failure of PPP model.From the point of view of rule of law,there are also some defects in the application of PPP model in social governance innovation:In the practice of PPP projects,the local government has a weak concept of rule of law,lacks the spirit of contract,does not respect the content of contract agreement,and even does not sign project contracts with social capital.At the level of legal system,the low level of law,the lack of specific laws for PPP mode,the existing policies and regulations are in conflict,lack of coordination also hinder the efficient operation of PPP mode.Based on the analysis of the practical dilemma and legal deficiencies of local government's participation in social governance innovation under PPP mode,and combined with the theory of social governance and relevant laws and regulations,this paper strives to build a comprehensive legal guarantee system for local government's participation in social governance innovation under PPP mode.On the choice of innovation paradigm of local government's social governance:Firstly,we should emphasize the government's leading role and reconstruct the model of social governance;secondly,we should adhere to the decision-making according to law and improve the ability of administration according to law;thirdly,we should establish the spirit of contract and enhance the consciousness of contract management;fourthly,we should streamline the administrative system and implement the concept of prudent supervision;lastly,we should take part in social governance to realize the interests of the public.At the level of legal system: firstly,promote the legislative process of PPP special law,integrate relevant laws and regulations;secondly,regulate the regulatory body of PPP model;thirdly,smooth the judicial relief channels of PPP contract disputes;finally,redefine the nature of PPP project contract.At the level of legal system:Firstly,promote the legislative process of PPP special law and integrate relevant laws and regulations;secondly,regulate the supervisory authority of PPP model;thirdly,smooth the judicial relief channels of PPP contract disputes;lastly,redefine PPP project contracts.