A new generation of the Public-Private Partnership model has been established in China since the end of 2013.However,the National Development and Reform Commission and the Ministry of Finance promoted the PPP model respectively in their different understandings.The NDRC takes concession as the main form of PPP model while the MOF adopted the government procurement framework.This difference has caused confusion in various aspects such as definitions and scope,legal nature,dispute resolution and partner selection.Clarification of the relationship between concession,government procurement,and the PPP model,is the prerequisite of PPP legislation.Concession implies administrative license.The main differences between concession and procurement lie in the contestability in the relevant market and scope of application.The PPP model emphasizes the use of private capital,value for money and process regulation.The cui'rent procurement framework cannot fit for the practical features of the PPP model.The proposed PPP legislation shall clarify two forms of the PPP model which are concession and public service provision under PPP.
