PPP项目中政府法律风险识别与防范

On Identifying and Controlling Legal Risk on the Part of Government in PPP Project

近年来我国政府关于支持PPP模式发展的措施数量之多、范围之广、立意之缜密足以显示出中央领导者推动经济体制改革的决心。但良好的制度安排需要在实践中检验其成效。现阶段PPP模式于我国国情考虑很不周延,其背后蕴含着各项潜在法律风险,于政府自身不利。被动型的政府法律风险难以控制,但是由于政府的激进而导致的主动型风险是可以被抑制的。政府为引进PPP项目进行反向寻租和利用PPP作为债务工具是其中最大的风险。应当顺应财税体制改革的体制预防PPP项目实施过程中政府法律风险。

In recent years, the efforts that have been made on promoting the PPP projects are so remarkable in amount, so massive in scope and so deep in significance that they certainly show the central government＇s determination to promote economic reform. But their effectiveness needs to be tested in practice. PPP model is not comprehensive in China at the present stage, which may incur the potential legal risks and make the government itself in an unfavorable position. The passive legal risk is difficult for the government to control, while the active risk arising from government＇s radical action can be suppressed. The biggest risks are the reverse renting incurred when government is seeking for the introduction of PPP projects and using PPP as an indebting instrument. We should comply with the policy of fis- cal and tax system reform to prevent the government from legal risk in the implementation of PPP projects.