中国PPP模式风险的法律规制研究

On the Legal Regulation of PPP Pattern and its Risks in China

近年来PPP模式在中国获得了长足发展,由此掀起了国内公私合作投融资的新热潮。从PPP模式的法律特性与运作流程来看,它应属于中国法律规制的对象。然而它在国内发展过程中出现了政府违约、经营不善、寻租腐败等诸多风险,极易损害相关各方的合法权益,故应对其施以必要规制。而中国对PPP风险的法律规制,因现有规范层级较低、零散杂乱,多部门间争夺对PPP的规制权并各自为政,具体规定仍有待完善等原因,而存在一定的问题,由此制约了规制效果的发挥。故应从统一PPP领域立法入手,从宏观顶层设计层面、具体法律条文层面与其他配套措施层面等多重维度数管齐下,以完善对该领域的法律规制。

Since PPP pattern has achieved great progress in China recently, a new wave of PPP investment and financing began domestically. From the legal characteristics and operation process of PPP pattern, it belongs to the object of China＇s legal regulation. Besides, risks in domestic development, such as government default, poor operation and management, rent-seeking and corruption, will easily harm the legitimate rights and interests of relevant parties. Thus, it is necessary to regulate it. But because the current rules are still in the low level, scattered and cluttered~ numerous parties struggle for the regulation power of PPP and thus lack coordination; specific rules still need improve- ment, etc., there are still some certain problems existing in China＇s legal regulation of PPP and its risks, which restrain the functioning of regulation. So we should start with unifying the legislation in the PPP field, and take measures from many dimensions such as top-level and macro design, specific legal provisions and other supporting measures, to improve the legal regulation in this field.