Research On Administrative Laws And Regulations Of Government Behavior In PPP Mode

Public-Private-Partnership is to provide the public with high-quality public products or public services through government-enterprise cooperation.This model can effectively revitalize social funds and promote the healthy development of the non-public economy.As one of the main bodies of public-private cooperation,the government’s behavior has always run through the entire life cycle of PPP projects,and is the key factor in determining the success or failure of PPP.However,China’s PPP model is still in the exploration stage,and the government’s behavioral constraints have not yet formed a comprehensive and stable legal regulatory framework.Based on this,this paper takes the government behavior in the PPP model as the research object,expands along the three dimensions of compliance,supervision,and dispute resolution in the order of project life cycle,expounds the malpractices of the behavior,analyzes the causes of chaos,and then proposes government behavior optimization suggestions.At the level of compliance behavior,there are mainly improper compliance paradigms such as government evasion of administrative promises and abuse of administrative privileges;the lack of supervision functions mainly presents the drawbacks of lack of compliance supervision,administrative supervision and evasion;The disparity is not conducive to the settlement of disputes,and the government’s strong will has caused renegotiations to break down.The reasons behind the chaotic behavior,the lack of high-level legal regulations,the immaturity of the PPP-related judicial system,the incomplete establishment of project contracts,and the absence of PPP independent institutions have all exacerbated the occurrence of irregular behavior.Aiming at the problems and attribution,this article considers the path perfection in terms of legislative norms,system supply,contract constraints and institution setting.Improve legislative norms: Restructure the legislative model and gradually formulate high-level PPP legal norms.Strengthen the system supply: refine the judicial review system of administrative privileges,improve the legal accountability mechanism of the regulatory department,and explore the reverse litigation system for PPP disputes.At the same time,the system restricts government actions while increasing the strength of contractual constraints,and refines the setting of various terms in PPP project contracts.Clearly stipulate the government’s responsibility for breach of contract,the procedures for exercising the right to intervene in the project,and the flexible application of renegotiation clauses.Finally,build a multi-functional PPP comprehensive institution to form a system of government functions with clear primary and secondary divisions and reasonable division of labor.Multi-angle optimization of government behavior in the PPP model,control of the standard exercise of public power,and guarantee the stable operation of PPP projects.