With the view of accelerating the progress of PPP legislation in China and further defining actual problems urgent to be solved at the level of PPP legislation and legal practices and feasible paths, the Ministry of Finance, British Embassy Beijing and China Law Society jointly held the International Workshop on PPP Legal Development in Beijing on March 1, 2016.
Zhang Wenxian, deputy president of China Law Society, Stephen Ellison, counsellor of British Embassy Beijing, and Sun Xiaoxia, director of Office of PPP Work Leading Group and director general of the Department of Finance, attended the workshop and respectively made a speech. Jiao Xiaoping, deputy director of CPPPC, presided over the workshop.
Deputy President Zhang Wenxian pointed out in the speech: China is confronted with problems of low legal level, many legal contradictions and imperfect contract management during PPP practices. At present, firstly, we should speed up the progress of PPP legislation, and fill in the gap of top laws; secondly, we should coordinate to facilitate project implementation; thirdly, we should set up the concept of rule of law, and form a credit system.
Counsellor Stephen Ellison shared the experience of Britain in terms of the construction of PPP system in his speech. He said that Britain, as the country implementing PPP projects earliest, was willing to provide more supports for the PPP reform in China pursuant to the MOU between the Ministry of Finance of China and HM Treasury.
Director General Sun Xiaoxia stated in her speech that since the end of 2013, the Ministry of Finance had been advancing the system building as per the triune idea of "laws and regulations + supporting policies + operational guidelines", and had made preliminary achievements. Sun stressed that PPP legislation should reflect the requirements for "three efficacies": firstly, effectively fill in the gap of PPP laws, and adapt to legal requirements for promoting PPP in a new situation; secondly, effectively solve conflicts and connection of PPP laws to provide uniform and standard legal guarantee for the promotion of PPP; thirdly, effectively give consideration to benefits of all the participants of PPP as well as rights of government, market and the public, to realize value for money and win-win cooperation.
The workshop was aimed, on the basis of the construction of laws and regulations, share and use for reference of the international experience of construction of PPP systems, put forward the top design philosophies of PPP legislation of China, clarify relevant basic problems of PPP legislation, and put forward solutions and routes for actual legal conflicts and barriers such as contract attribute, settlement of disputes, land acquisition and asset ownership during the operation of PPP projects in China.
The workshop was jointly undertaken by the CPPPC, the Department of Study of China Law Society and Central University of Finance and Economics. More than 200 representatives from the Supreme People's Court, Legislative Affairs Office of the State Council, Ministry of Finance, the Ministry of Housing and Urban-Rural Development, Ministry of Transport, Ministry of Environmental Protection, Ministry of Land and Resources, National Health and Family Planning Commission and other ministries and commissions of the state, local governments, institutions of higher education, scientific research institutions, consulting agencies, financial institutions, law firms, private partners and so on attended the workshop.