PPP模式下公用事业政府监管的挑战及应对

The Challenge Faced by Government Supervision Over Public-welfare Industries Under PPP Pattern And Its Countermeasures

正在如火如荼进行中的PPP模式,有力推地动了我国公用事业的快速发展,但也暴露出诸多问题,并对传统政府监管提出了挑战。现代政府监管应当从监管理念、目标、方式和法律救济等方面进行适当转型。在监管理念上,传统严格监管的理念已经不符合PPP模式的本质要求,应引入市场竞争机制,逐步打破行业垄断。在监管目标上,核心是如何正确处理好公共利益和私人利益的关系,应更加注重对私人利益的保护,以提高私人部门参与的积极性。在监管方式上,应打破主要倚重行政许可等事前监管手段的传统,充分发挥事中、事后监管的优势。在法律救济上,应重新审视传统救济途径所存在的不足,处理好民事诉讼与行政诉讼之间的关系,并努力将仲裁打造成PPP纠纷解决的主渠道。

The flourishing Public-Private Partnership（PPP） pattern has been extremely promoting the development of public-welfare industries with a lot of problems exposed and challenge for the conventional government supervision. There is supposed to be appropriate transition of modern government supervision upon the principles, objectives, methods of supervision and legal remedies. In terms of supervision principles, market mechanism should be introduced to break industrial monopoly, since the conventional principles of strict supervision don＇t meet the essential requirements of PPP pattern any more. In terms of supervision objectives, the core is how to deal with the relationship between public welfare and private interests and the protection of private interests should be emphasized so that private parties could be more motivated in participating supervision. In terms of supervision methods, the dependence on conventions of previous supervision, such as administrative permission should be mitigated and the advantage of subsequent supervision should be fulfilled. In terms of legal remedies, the relationship between civil litigation and administrative litigation should be coordinated and arbitration should be made the main dispute settlement method, after the shortcomings of conventional remedies has been reconsidered.