公共工程公私伙伴关系之行政法规制研究

Administrative Law Research of Public-Private Partnership in Public Construction

公私伙伴关系与传统的公共产品和服务提供模式相比具有明显的优势。目前,我国公共工程公私合作中还存在诸多问题,并没有实现社会整体利益的卡尔多—希克斯最优。确立市场化和政府职能标准,通过保障公众参与、实施促进有效竞争的程序规制、明确公私合作合同的性质及其行政法义务条款、完善纠纷解决的行政法律救济机制、发挥行政指导的激励、协调作用等行政法规制,强化政府责任和私人部门的行政法义务,提升政府在公共工程建设与服务中作用,在保证经济效益前提下实现社会效益和公共利益最大化。

Compared with the traditional supply model of public products and services, public-private part nerships have obvious advantages. Currently, China＇s public-private partnership in public construction is still flawed many problems and has not realized its overall interests of Pareto Optimality. In order to real ize the maximization of social benefit and public interest under the premise of ensuring economic efficiency, market-oriented and government-functional standards are to be fixed, governmental responsibilities and obligations of private sectors should be strengthened based on administrative laws, and the roles of governments in public construction and service are to be effectively enhanced by guaranteeing public participation, implementing due process regulation which can stimulate effective competition, clearly defining the nature of the cooperative contract in corporation and the terms and conditions of the administrative obligations, improving the administrative and legal relief mechanism to settle the disputes, and displaying the incentive and coordinated role of administrative guidance.