以PPP模式开展海绵城市建设的法律促进机制研究

On the Legal System Guarantee of Sponge City Construction Based on PPP Mode

  • 摘要: 随着城镇化的快速推进,传统城市建设模式大量增加了地面硬化面积,破坏了城市原有的自然底蕴,叠加气候变化和暴雨等因素,“水浸街”等现象日益突出。海绵城市作为提升城市生态系统功能和减少洪涝灾害发生的发展模式,是应对城市水问题的重要路径,也是生态文明的重要组成部分,属于准公共物品范畴。PPP作为公共产品及服务领域的正式制度安排与海绵城市联姻,不仅符合公共物品理论的要求,也体现了合作治理理念。中国自2015年开始探索以PPP模式开展海绵城市建设,虽已取得初步成效,但仍存在一些障碍。未来可通过健全相关法制、优化实施机制、更新治理手段、完善纠纷解决方式等措施,推进PPP模式在海绵城市领域的应用,以加快海绵城市建设步伐,预防与缓解城市内涝等水环境问题,增进公共福祉。

     

    Abstract: With the rapid development of urbanization, the traditional urban construction mode has greatly increased the area of ground hardening and destroyed the original natural heritage of the city. With climate change, rainstorm and other factors superimposed, the flooding street phenomenon has become increasingly prominent. Sponge city, as a development mode for improving the function of urban ecosystem and reducing the occurrence of flood and waterlogging disasters, is an important path to deal with urban water problems as well as an important part of urban ecological civilization, belonging to the category of quasi-public goods. As a formal institutional arrangement in the field of public goods and services, the PPP mode is married with the sponge city, which not only meets the theoretical requirements of public goods but also embodies the concept of cooperative governance. Since 2015, China has explored the construction of sponge city in the PPP mode and has achieved initial success, but there are still some obstacles. In the future, we can promote the application of PPP mode to the sponge city field by improving relevant legal system, optimizing implementation mechanism, updating governance means and improving dispute resolution methods, so as to accelerate the construction of sponge city and prevent and alleviate urban waterlogging and other water environment issues and improve public welfare.

     

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