Research On The Administrative Law Protection Of The Rights And Interests Of Social Capital Parties In PPP Agreements

PPP is a financing mode in public infrastructure.In order to make up for the short board of public services provided by the government,PPP mode is widely used.On the one hand,the extensive application of this mode in China can stimulate the enthusiasm of social capital to participate in the market operation and increase the supply quantity and service quality of public infrastructure.On the other hand,it can also reduce the financial pressure of governments at all levels through the participation of social capital,so as to promote the healthy development of socialist market economy.In recent years,although the PPP model has developed rapidly through the promotion of various ministries and governments at all levels in China,compared with the developed countries,the development time of PPP model in China is not long,and the objective conditions also lead to problems in the legal environment of PPP model,which is still a space to be improved.In the PPP regulations(Draft for comments),there are not many contents related to the protection of the rights and interests of the social capital side,which is also the place where the draft needs to be improved.Through the above analysis,it is not difficult to find out that,in terms of legislation,China does not pay enough attention to the protection of the rights and interests of the social capital party in PPP projects.Therefore,when choosing whether to participate in PPP projects,the social capital party is often not decisive,but a wait-and-see attitude.After all,the main body of PPP agreement is the administrative organ,one is the social capital side,and the two are relatively speaking,the social capital side must be in a weak position.In addition,in the actual case of PPP project,there is a situation that the social capital side is infringed,so the research content of this paper is of practical significance.After the Fourth Plenary Session of the 19 th Central Committee of the Communist Party of China was held successfully,another important judicial interpretation adopted by the Supreme People's court is the provisions of the Supreme People's Court on Several Issues concerning the trial of administrative agreement cases.It has made special provisions on the administrative agreement litigation system and achieved major institutional innovation from eight aspects.Its promulgation and implementation will provide a strong guarantee for further promoting the construction of honest governmentunder the rule of law and the modernization of government governance capacity,and further optimizing the business environment.Even so,the protection of social capital's rights and interests in PPP agreement has not been completely resolved.Because of the above reasons,the author takes the protection of the rights and interests of the social capital party in the PPP agreement as the research object,finds out the problems of the protection of the rights and interests of the social capital party and analyzes the causes of the problems through analyzing the real cases of the PPP project in practice,and then combines the successful experience of learning the foreign PPP legislation and practice and analyzes what problems the social capital party will face in the new legal environment This paper puts forward corresponding countermeasures for the legal protection of the rights and interests of the social capital party under the PPP mode in China,striving for the effective protection of the legal rights and interests of the social capital party,further enhancing the enthusiasm of the social capital party,giving full play to the dominant position of the social capital party in the PPP project,and providing a good legal atmosphere for the development of a healthy PPP environment.