Analysis On The Protection Of Social Investor's Earning Right In Public-Private Partnerships

The Third Plenary Session of the 18 th CPC Central Committee proposed to actively develop mixed ownership economy,and the state encourages private capital to enter natural monopoly industries.PPP is a model of social capital participation in the provision of public goods and services,receiving more and more attention and promotion.Adjusting the relationship between public interests and private interests in PPP and ensuring the income right of social investors could encourage social investors and has positive significance for development of Public-Private Partnerships.This paper includes the basic overview of the income right in the Public-Private Partnerships,the current situation of the protection of the income right in the Public-Private Partnerships,the current status and existing problems of the relevant norms of the income right in the Public-Private Partnerships,and the improvement of measures based on domestic and foreign advanced experience and theory.The author puts forward his own opinions on the protection of social investors' income right in Public-Private Partnerships of China.The first part of the paper begins with the theoretical analysis of income right in public-private partnerships.It is divided into two parts.Firstly,the concept of income right in the Public-Private Partnerships is described,and the paper discusses the significance and necessity of the protection of income right in the mode of Public-Private Partnerships.Secondly,the paper analyzes the three characteristics of the income right in Public-Private partnerships.The second part of the article presents typical cases to investigate the current situation of income right protection in Public-Private Partnerships of China.Firstly,this paper states the Huizu sewage treatment case of typical failure,and analyzes from the view of social investor's income right.The second case is the dispute over the investment contract between Sanxingdui auto passenger service Inc and people's government of Guanghan municipality,the scope of compensation for breach of contract is discussed.The third part identifies the status quo and legislation deficiencies of legal protection about social investor's income right in PPP.Firstly,the author discusses and analyzes the legal provisions,existing legislation clauses about the protection of social investor's income right in Public-Private Partnerships.Secondly,the author analyzes the deviation of the protection concept,the fragmentation of the protection norms and the ambiguity of the protection measures.The fourth part of the article aims at the problems raised above and seeks suggestions for improving the protection of social investor's income right in PPP.Learning from foreign advanced legal rules and useful academic theories,this paper introduces principle of protecting the risk sharing and reasonable compensation for social investors 'income right in Public-Private Partnerships.The government should adopt legal protection measures such as support and administrative compensation to protect the income right of social investors.