On the morning of October 30th, the “Legislation” sub-forum of the 5th China PPP Development (Financing) Forum was successfully held in Hall C, Xuanyuan Hall, Zhengzhou International Convention and Exhibition Center, Henan. The meeting focused on the necessity and urgency of PPP legislation. The discussion of legislative priorities, international standards and trends is of great significance to the development of PPP standardization in China.

The “Legislation” sub-forum was chaired by Cao Xiaoyan, Executive Dean of the PPP Governance Research Institute of the Central University of Finance and Economics, Lai Yongtian, Deputy Director of the Department of Finance and Law, Cao Fuguo, Dean of the PPP Governance Research Institute of the Central University of Finance and Economics, and the government reform and rule of law construction of South China Normal University. Xue Gangling, Dean of the Institute of Government Reform and Rule of Law, South China Normal University. Chen Xiaojing, Dean of the School of Civil and Commercial Economic Law of Henan University of Economics and Law, Cao Shan, Senior Partner of Shanghai Jianwei Law Firm, and Ye Shuli, Teacher of Southeast University Law School, were invited as roundtable discussions and speakers.

In this “Legislation” sub-forum, Mr. Ye Shuli mainly deals with the eight relations, the two-order theory and the PPP government procurement, the two-order theory and the nature of the PPP contract, the implementation of the national guarantee responsibility, and the institutional framework of the PPP legislation. Five aspects of legislative technology selection are unfolding.

Teacher Ye Shuli proposed that PPP legislation needs to deal with the supply responsibility and division of public goods, the special law rules for project land acquisition, the special law rules for government procurement, the special law rules for tax reduction, the special law rules for project financing, and the project company’s The eight major relationships of special law rules, special law rules for PPP contracts, and special law rules for dispute awards should adopt a special legislative technique to construct an institutional framework for legal issues that need to be addressed.

The PPP contract is related to the public interest, and it is necessary to break through the two-order theory to establish special procedures and rules. Among them, based on the concept of “guarantee country”, the construction of a scientific contract control model will help to clarify the distribution of public welfare responsibility between the state and the private sector. In addition, it is advisable to establish a legal source and a compulsory arbitration system in the implementation of PPP through legislation, and the practice in Taiwan and the EU is worth learning.

Teacher Ye Shuli’s speech was highly recognized by the participating experts and scholars. The PPP Law Research Center of Southeast University willadhere to the high enthusiasm for PPP research and contribute to the scientific and standardized high-quality development of PPP.