Preliminary Study On PPP Project Contract Of Infrastructure

In this paper,on the basis of BOT financing mode,to private interests protection and the realization of the interests of the public for the principle,discusses the infrastructure PPP project in the contract,the government,the legal nature and the guarantee of functional boundaries.Based on the successful overseas legislative practice experience,the paper puts forward some Suggestions on improving government guarantee in PPP projects of infrastructure.In reality,as the risk of PPP projects of infrastructure is much higher than that of ordinary projects,government departments should provide direct guarantee.But the current government guarantees in infrastructure PPP projects still exist the following problems: one is the financing model of natural defects,mainly including construction supervision is difficult,the abuse of the PPP mode,project participants all tastes.Secondly,the lack of supporting laws and regulations mainly includes the imperfect local government regulations and the blank of relevant laws and regulations.Third,the financing agreement lacks standardized guidance.The legal nature of the government guarantee in the PPP project includes the following four aspects: strengthening the investment confidence guarantee commitment,risk of Shared interests guarantee principle,the guarantee mode,expand investment guarantee behavior of equality of civil field.The difference between the legal nature of government guarantee and general civil guarantee in PPP projects is as follows: in terms of nature,government guarantee is the payment of money in public law;In the main body,the guarantor and the guarantor are not equal subjects of civil rights and obligations.In terms of content,government guarantee is the supervision of the government to fulfill its obligations.From the perspective of reasons,the behavior of the government itself in the government guarantee is the cause of the security liability.In terms of responsibility,the government guarantee only makes it possible to hold the government accountable.To improve the government guarantee system,we should pay attention to the following three dimensions: at the legislative level,we should improve the relevant legislation of government guarantee;At the practical level,the standard infrastructure investment and financing agreement model design;At the model level,we will improve the supporting legal and regulatory system of PPP mode.