Research On Legal Issues Related To Full Process

The PPP mode was first carried out by the official promotion. Continuously from to the ministry of finance, the national development and reform commission and other ministries issued "the state council on strengthening local government debt management opinions", “the infrastructure and public utilities franchise management method "and dozens of files. But for the design of the terms of the contract, there are still many disputes and problems in practice, since there is no common principles and opinions,public or private would stand in their positions on both sides, for the items in the contract "fight". Resulting in project delay or even project failure.The purpose of this article is to establish the PPP distribution of public and private rights and obligations of both sides in the contract system of basic principle: the principle of risk restriction. The fundamental goal of distribution of rights and obligations is not only to perform the contract to the interests of both parties, the most important thing is to share a possible risk. In jurisprudence, right is on the back of obligation, and the violation of obligations will result in legal liability, legal responsibility borne means for risk. If reversing this logic, you can take risk allocation as a starting point, found that both sides should undertake what kind of risk, what legal responsibility, which shall be agreed upon in the contract what rights and obligations.This article is divided into three parts: the first part, building up the PPP contract system, the basic framework is to analyze the rights and obligations of the stage. The second part, the allocation of rights and obligations of the methodology, theory of risk sharing is analyzed. The third part, using the thinking of risk sharing, for the PPP contract system some of the key risk is analyzed, finally achieving the goal of configuration both parties rights and obligations.