On Civil Law Adjustment Of Chinese Public Infrastructure Public-private Partnerships

A newly division that from the degree of risk to public and private partnership of the government departments, we can classified the PPP as government payoff; BOT franchise, state-owned enterprises investment diversification of the three types, main include all types of public infrastructure public-private partnership. The public-private partnership in public infrastructure have the following legal characteristics:First, It is the subject identity mixed public and private nature; Second, It is the object of quasi public nature; Third is extensiveness of the content that involves. In public-private partnership with dual characteristic of civil law and the administrative legal agreement, From the features of public-private partnership agreement between legal equality, contract and agreement of negotiability,remedies for breach of contract, etc. We can draw a conclusion that public infrastructure public-private partnership of civil law adjustment is justice and the necessity.Into the21st century, after years of PPPs practice in domestic, the government has issued a series of government regulations, progressively forward standardization. But it has not form a strict legal system in China. Especially from civil adjustment perspective, First is the subject relations are not clear, subjectivity qualifications shall not explicit; Second is the agreement of rights and obligations stipulated rougher, it is apt to cause the disputes; Third is responsibility scope and modes of bearing the responsibility provisions deficient, and so on. mainly as public-private partnership in China is still in the developing stage, Theoretical circles on the public-private partnership agreement properties of different understandings do exist, the PPP agreement adjust by administrative law, or economic law,or applicable civil legal regulating also have different opinions.In establishing a Chinese-type socialist market economic legal system framework, the primary task is to establish special public-private partnership legislation of civil law adjustment principle,adjust the supplement and complete civil legal norms, clear the civil subject qualification of government, perfect legal system of the concessionary projects corporatization; regulating the public-private partnership agreement types and operation, clarify the rights and obligations of the parties, insure government and the private sector responsibility equivalently; According to the principle of" utilization efficiency of the fund", pay attention to equal protection and make full use of the real right; Balance the interests and risk sharing of both sides, explicit the civil liability; Appropriate choice dispute resolution approach, perfect the dispute settlement and civil remedy mechanism.