我国PPP模式中公私利益冲突的协调问题研究

发布时间：2018-05-28 01:11

本文选题：PPP模式 + 公私利益　；参考：《河北大学》2017年硕士论文

【摘要】：近年来我国基础设施建设遭遇了瓶颈危机,过去政府主导投资的发展模式受到极大挑战。从2013年PPP模式开始正式进入公众视野,随着PPP模式如火如荼的进行,而与PPP相关的立法却相对落后,使得作为模式主体的政府和社会资本的利益冲突日益显著,影响了制度本身的优势挥发,甚至危及PPP模式的顺利推进,于是PPP模式中公私利益冲突的协调问题研究迫在眉睫。从目前看,我国现行的与PPP相关的法规政策多为部门规章或者地方性法规,权威性不足,甚至部分文件相互矛盾,使得社会资本对PPP项目参与度不高,社会各界对制定《政府和社会资本合作法》呼声很高。PPP模式是促使经济良性发展的工具,而公私双方利益的合理分配又是关系整个模式顺利推进的重中之重。双方利益冲突的协调问题关系到各自合法权益的保障,影响社会资本的投资热情,有助于提升政府的职能效率,同时也是对我国现行法制提出的新要求。本文立足实践,在对公私双方利益冲突各种表象分析的基础上,侧重于从立法层面分析公私双方利益冲突的原因,结合国内外相关案例,进而重点探讨我国公私利益冲突的协调建议。笔者认为在现行经济背景下PPP将继续得到青睐,其中的公私利益冲突问题也日渐紧迫,虽然公私双方的立足点不同,但是可以通过博弈达到(29)(10)211的双赢效果。笔者认为二者的冲突虽然频繁发生,解决也实属不易,但是鉴于PPP项目具有周期长、投资金额大、风险不确定等特点,二者发生矛盾在所难免。通过对双方权、责、利的明确;对风险承担和利益共享机制的规范;政府角色的转换等方面的努力,双方的冲突可以控制在合理的范围内。笔者认为在国家大力倡导PPP模式背景下,PPP项目和意图参与PPP项目的投资方会越来越多,而国内目前比较成功的PPP案例并不多见,很多即使在当时看似成功的案例后期矛盾冲突不断,所以笔者认为现在最要紧的是协调好两大利益主体的冲突问题,以成功范例引导PPP模式的顺利推进。
[Abstract]:In recent years, China's infrastructure construction has encountered a bottleneck crisis, the past government-led investment development model has been greatly challenged. The PPP model has been formally entered the public view since 2013. With the development of the PPP model in full swing, and the relative backward legislation related to PPP, the conflict of interest between the government and social capital, as the main body of the model, is becoming more and more obvious. It affects the volatilization of the system itself and even endangers the smooth advance of the PPP model, so the research on the coordination of the conflicts of public and private interests in the PPP model is urgent. From the current point of view, the current laws and regulations related to PPP in China are mostly departmental regulations or local laws and regulations, which are not authoritative enough, and even some documents contradict each other, which makes the participation of social capital in PPP projects not high. The PPP model is a tool to promote the benign development of the economy, and the rational distribution of the interests of both public and private parties is the most important part of the smooth promotion of the whole model. The coordination of the conflict of interests between the two sides is related to the protection of their legitimate rights and interests, and affects the investment enthusiasm of social capital, which helps to improve the efficiency of the government's functions, and is also a new requirement for the current legal system of our country. Based on practice and on the basis of analyzing various representations of conflicts of interest between public and private parties, this paper focuses on the analysis of the causes of conflicts of interest between public and private parties from the legislative level, combining with relevant cases at home and abroad. Then the author focuses on the suggestion of coordination of the conflict of public and private interests in our country. The author thinks that PPP will continue to be favored under the current economic background, in which the conflict of public and private interests is becoming more and more urgent. Although the standpoint of both public and private parties is different, the win-win effect can be achieved through the game. The author thinks that although the conflict between the two occurs frequently, it is not easy to resolve, but in view of the characteristics of PPP project with long period, large investment amount and uncertain risk, the contradiction between them is inevitable. The conflict between the two sides can be controlled within a reasonable range through the clarification of the rights, responsibilities and benefits of both sides, the regulation of the risk-bearing and benefit-sharing mechanism, and the transformation of the role of the government. The author believes that more and more investors will participate in the PPP project under the background of the national advocacy of the PPP model, but there are few successful PPP cases in China. Even at the late stage of the seemingly successful cases, the author thinks that the most important thing is to coordinate the conflict between the two main stakeholders, and to guide the PPP model to advance smoothly with successful examples.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F283

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