Research On The Legislative Issues Of The PPP Model In My Country

The English full name of PPP is Public-Private-Partnership.The official translation of PPP mode in our country is the cooperation between government and social capital.This model has being widely used by the British and French,the representative of the Western developed countries,and by Japan and South Korea,the representative of the East Asian countries,and very successful.In the 1990s,China also introduced the PPP model,there are many successful cases,one of the most famous case is the Beijing Metro Line 4.Unfortunately,China did not use this as a good opportunity to apply the PPP model.With the 2008 Beijing Olympic Games ended,the PPP model was shelved.Until the convening of the Third Plenary Session of the Eighth China,China's PPP model was back to the public's vision.In order to facilitate the smooth promotion of PPP projects and widely used,the Ministry of Finance and Development and Reform Commission competing to introduce policy documents to push PPP projects,to escort them.At the same time all levels of local governments are also introduced policies related to the central government documents,PPP become the new darling of all walks of life,fashion spokesperson.Regrettably,despite the efforts of the central and local governments to promote the PPP model,but the social capital is still unmoved,leading to PPP project practice difficult.The author believes that the main reason for the difficulty of PPP mode promotion is the lack of perfect PPP legal system for escort.Therefore,in the context of comprehensive deepening reform,how to make the advantages of PPP mode to maximize the play and application,the core problem is to build a complete,national level of the PPP legal system.At present,China's PPP legislation is still in the exploratory stage,the law on this aspect of a handful of works,the reason is that PPP covers a wide range of knowledge.Therefore,based on the existing legislative documents and the relevant policy documents have been introduced,and on the basis of summing up the previous studies,the author's specific definition of the PPP model,classification and the existing legislative situation were carried out in detail And to provide a solution to the existing problems of legislation,with a view to improve the PPP legal system to provide recommendations.This paper is divided into three parts,as follows:The first part is a summary of definition,classification of the PPP model,and review the evolution of the PPP model in China and the legislative process,so as to pave the way for the following.The second part introduces the current legislation situation of PPP model,and finds out its existing problems from the existing legislation:lack of PPP legislation at the national level,unclear legal nature of PPP agreement and conflict of PPP normative documents.The third part is the key of this article,that is,improving the legal system of China's PPP model.First,we introduce the legislative model of western countries represented by English and French,and then learn from the experience of PPP legislation.Finally,it puts forward the suggestions for resolving the legislative problems pointed out in the second part.