The Research On Legal Problems Of Government Regulation Under PPP Mode

The Public-Private-Partnership model is the cooperation between the government and social capital,innovating the supply path and model of public goods or services,effectively optimizing the supply structure and improving supply efficiency,and actively responding to the current supply-side structural reforms in China.At present,our government is transitioning and transforming from a management-oriented government to a service-oriented government,and more emphasis is placed on the social and citizen-based ideas and concepts.Therefore,in order to better meet the material and cultural needs of the people for a better life,the construction of public utilities is widely absorbed the joining of social forces.The PPP model,which is based on the cooperation between the government and social capital,has effectively broadened public service financing channels,eased the pressure on the government's public finances,and effectively improved the efficiency of construction and operation in the public domain,thus meeting the needs of the public.Based on the dimension of economic law,public interest is the starting point and foothold of the PPP model and the entire economic law system framework.In order to effectively protect the public domain project results and ultimately meet the public interest demands,it also helps promote the modernization of the national governance system and governance capabilities.It is very necessary to study the legal issues related to government supervision under the model.On the basis of summarizing the research status of government supervision under PPP mode at home and abroad,this paper takes public interest as the highest value pursuit and conducts research on government supervision in the public domain from the perspective of PPP mode.First,the author introduces the basic principles of government supervision under the PPP model,mainly from the legal connotation,legal characteristics,legal basis and the relationship between the use of government regulatory administrative power and judicial power intervention,from economic regulation,competitive regulation and financial regulation from different perspectives,it explained the necessity of government supervision in multiple dimensions,and used it as the theoretical basis for improving government supervision suggestions.Secondly,on the basis of sorting out the current legislative norms,the author uses the Beijing Metro Line 4 PPP project as an example to combine theory and practice,and analyzes in depththe current problems of government supervision of infrastructure and public service PPP projects in China : The lower level of government supervision laws,the unreasonable setting of supervision institutions,the unclear positioning of government roles,the decentralization of supervision power,and the imperfect system guarantee system.Thirdly,through the investigation of the three extra-territorial countries of British PFI government regulation,American PPP government regulation and South Korea PPP government regulation,the differences between China and foreign countries in government regulation are compared,and the experience of China ' s government regulation under the PPP model is determined.Finally,the author proposes to improve the legal basis of government supervision in the PPP model from the perspective of the national system and to link up with the current system norms,so as to improve the legal level of government supervision,which is conducive to practical guidance;And Supervision content,supervision process,system guarantee system and other aspects of government supervision framework design.