Introduction to the study of implementing Private Finance Initiative into Taiwan’s legal system

• Main Authors: Chien-Jung Lee, 李建榮
• Other Authors: Sy-Jwu Horng
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/96174533355610745454

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 101 === Abstract In recent years, because governmental finance is getting worse, which leads to making the investment of public infrastructure less and impacting economical energy and motivation, proposing Private Finance Initiative, PFI for short, can be a method to attract non-governmental capital into public infrastructure. Taiwan's Ministry of Finance defines PFI as the contracted payment mechanism which non-government institution raises funds and take in charge of construction and operation to public infrastructure with the condition that government must purchase partial or whole public service during operation. This system was initiated from England and was also adopted by Japan and other countries for emulation and motivation with great exertion, which has got great result in the end. This dissertation is to compare the difference between PFI’s enforcing experience from England, Japan, and other mainstream countries and enforcing Taiwan's, private participation and government procurement, systems which include mechanism of initiative assessment, procedure of soliciting investors in Taiwan or from the foreign countries, and operation management executed by contract, etc.. This should be the legal basis of Taiwan's introducing PFI model. Based on Taiwan's legal system and institution, public infrastructure's main operation method is to conform to "stimulating private participation infrastructure law" and "government procurement law". Besides, PFI model should be suitable for low Self-redeeming and non-profit Public infrastructure case. But, its bivariate characteristics, including private participation and government infrastructure, currently make the correlative departments hard to uniformly define whether PFI model should be regulated by private participation in public infrastructure law or government procurement law. This makes current regulations unclear and then it raises uncertainty and skepticism to appropriate regulations and policies promotion while the cases are executed. After comparing PFI model with present domestic private participation law, their mechanisms are different. Once it is introduced into government's public infrastructure systems, the possible problems to budge, execution, finance, and regulations, etc. need time to be solved. At present, government only plans to go through executive rules to set PFI as special project and ask for Executive Yuan's approval. In a long run, regulation still is not complete. The preceding method is only as short-term tentative property. We should accumulate practical experiences as the reference to standardize regulations. In the future, we should appropriately raise requirements for law amendment or legislate specific laws to constitute complete legal environment to PFI model