Research On Legal Issues Of PPP Project Procurement

In a complete PPP project,the PPP project procurement phase is an important link to realize the functional value of the PPP project and enable the PPP project to be successfully implemented.At present,China is vigorously promoting the development of PPP projects,in order to standardize the procurement procedures of PPP projects,and to incorporate PPP project procurement into the government procurement legal system with the “Government Procurement Law” and the“Tendering and Bidding Law” as the core,and a large number of supporting projects have been issued.Policy documents are supported.However,PPP project procurement is different from traditional government procurement.Therefore,this paper takes the difference between PPP project procurement and traditional government procurement as the entry point,and explores the legal problems existing in PPP project procurement in applying the current government procurement legal system.China's PPP project procurement legal system construction and improvement program.This paper is divided into four parts.The first part mainly compares the traditional government procurement and PPP project procurement.By comparing PPP project procurement with traditional government procurement in terms of procurement sponsors,procurement targets,procurement methods and procedures,the specificity of PPP project procurement relative to traditional government procurement is demonstrated.The second part is the analysis of the current status of the current government procurement legal system based on traditional government procurement and the review of legal issues arising from the procurement of PPP projects in China.Through the combing of the current status of the PPP project procurement legal system,combined with the specificity of the PPP project procurement in the first part,it is found that the PPP project procurement in China is actually applicable to the current government procurement legal system based on traditional government procurement.There are problems with the application of conflicts in legal norms,the lack of laws in key procedures,and the lag of law.Therefore,this chapter demonstrates the problems arising from the PPP project procurement in the current government procurement legal system,and concludes that the PPP project procurement should not be applicable to the current government procurement legal system.It is believed that China should formulate a legal system for PPP project procurement to regulate it..The third part selects the legislative mode of China's PPP project procurement legal system.After demonstrating the importance ofestablishing a PPP project procurement legislation model,and reviewing the PPP project procurement legislation experience in Taiwan,the European Union,the United Kingdom and the United States,it summarizes and teas out the current four legislative models as a single legislative model.The legislative model,the current legal legislative model and the special legislative model,combined with China's legislative tradition and current situation,choose to adopt a single legislative model to carry out the construction of China's PPP project procurement legal system.The fourth part is based on the choice of China's PPP project procurement legislation model,drawing on the extraterritorial legislative experience,and trying to put forward corresponding legislative proposals on the specific procurement procedures,such as proposing the basic principles,procurement preparation stage and procurement in the construction of PPP project procurement system.The improvement of the specific procedures in the implementation stage,for example,proposes to legalize the "value for money" argumentation procedure and introduce the "people-oriented" identification and evaluation criteria,etc.,to provide glimpses and new ideas for the construction of PPP project procurement legal system in China.