我国海港民营化的法律规制体系研究——基于效率与公共性相平衡的视角

On Legal Regulation System of Seaport Privatization in China:From a Perspective of the Balance between Efficiency and Publicity

我国海港民营化虽已具备合法性,但仍缺乏配套法律规范,而明确其法律规制方向可谓首要问题。参考国际理论与实践,我国应根据重要性对海港进行分类与集中管理,进而有层次、有阶段地逐步推进民营化,并在港口法及其相关法律规定中确立"公—民港"为海港公与民伙伴关系的基准模式。日本海港改革中的特例港口运营公司制度、民间事业者提案制度等议题值得借鉴。在具体方式上,除"独资、控股、参股"所有权转移型民营化外,还应积极推进PPP型民营化的法律规制。

In China, although seaport privatization has been written into law, a complete set of relevant rules and regulations remains imperfect. And the clarity of related legal regu- lation direction can be regarded as the most important issue. Based on the reference to inter- national theories and practice, China should classify and manage seaports according to their importance, and thus gradually promote step-by-step privatization. It establishes public/pri- vate ports as the standard mode of harbor public and private relationship in port law and re- lated law. Issues such as company system of special harbor operation and proposal system of private sectors in Japanese seaport reform are worthy of being learnt. As for concrete ways, legal regulations of PPP-based privatization should be actively pushed on besides ownership- transformation-based privation by proprietorship, holding company and equity participation.