城市公用事业特许经营的规制治理

Regulation and Governance of Urban Public Utilities Franchise

沿着国内外规制治理研究的规制与治理方向,文章将事前和事后的分析方法引入城市公用事业特许经营合约的全过程,并将合约划分为事前的签约阶段、事后的履约阶段、从事前到事后的签约-履约阶段、单期事后或多期事前的到期阶段,结合我国城市公用事业特许经营的多年实践,归纳提炼出十八个科学问题,构建起城市公用事业特许经营合约的规制治理体系,并选择对规制治理具有决定意义和代表性的三个关键问题--信息甄别、赢者诅咒和规制标准进行了深入讨论。

Along with the existing research on regulation and governance, this paper introduces the Ex-ante and Ex-post analysis methods into the whole process of Urban Public Utilities Franchise Contract. And the contract can be divided into stage of contract formation in Ex-ante, stage of contract execution in Ex-post, transition stage from Ex-ante to Ex-post, and stage of maturity stage about Ex-ante in single period or Ex-post in multiple periods. According to the practice of Urban Public Utilities Franchise in China, this paper sums up 18 scientific issues which constructs a regulatory governance system of urban public utility franchise contracts, and selects three key issues that are important and representative for in-depth analysis, which are information screening, winner curse and regulatory standards.