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现阶段我国积极号召社会资本参与PPP项目,但实践中此类项目多由国企主导,民营资本参与度较低。文章认为,民营资本在履约、融资、资产所有权归属及争议解决等多方面存在诸多法律障碍,导致民间资本参与积极性不高,需要从立法层面予以改进,完善相关政策,让民营资本参与PPP项目得到有效的法律保障。
At this stage, China actively calls for the participation of social capital in PPP projects. However, in practice, such projects are mostly dominated by state-owned enterprises and have low levels of private capital participation. The article holds that private capital has many legal obstacles in performance, financing, ownership of assets and dispute resolution, which leads to the low enthusiasm for private capital participation. It needs to be improved from the legislative level, and the relevant policies should be perfected so that private capital can participate in PPP projects Effective legal protection.