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作为政府与社会资本合作进行项目建设的融资模式,PPP已在各国推行多年。近年来,“一带一路”战略实施中基础设施项目对资金的巨大需求及我国民间资本的快速发展使PPP模式有了更广泛的用武之地,也让相关制度的研究有了更深远的价值。然而,我国PPP模式的发展中一直存在着制度设计初衷、基本内涵及运用方式等方面的特殊性,这些特殊性一定程度上导致该模式在实践中面临着法律适用障碍、债权融资担保困难、社会资本主体维权艰辛、股权流通与退出机制缺失等制度瓶颈。针对这些问题,从顶层向下的理念与制度环境的完善变革迫在眉睫。只有选择适合我国经济社会的法律路径,创造良好的制度环境,方能更好地发挥PPP模式在跨国项目建设中的作用,在满足国家战略实施与公众需求的同时促进市场经济的有序发展。
As a financing model for government and social capital to carry out project construction, PPP has been implemented in various countries for many years. In recent years, the tremendous demand for funds for infrastructure projects and the rapid development of non-governmental capital in the “Belt and Road Initiative” have made the PPP model more widely available and have made the research on related systems far-reaching value. However, the development of China’s PPP model has always existed the original intention of the system design, the basic connotation and the use of methods and other aspects of the particularity of these models to some extent led to the model in practice faced with obstacles to the application of law, debt financing guarantee difficult, society The main body of the rights and interests of the hardships, the circulation of shares and the absence of such institutional bottlenecks. In response to these problems, the perfect transformation of the concept and institutional environment from the top down is imminent. Only by choosing the legal path that suits our country’s economy and society and creating a favorable institutional environment can the PPP model play a better role in the construction of transnational projects and promote the orderly development of the market economy while meeting the requirements of the national strategy and the public.