The Analysis Of The Legal Property Of PPP Agreement And The Settlement Of Disputes

As a new operating mode of providing public products to the social, PPP mode(public-private partnership) contributes to building cooperation partnership with private sector in which private sector provides public products according to the terms of the PPP agreement. Since the reform and opening up policy, PPP mode has been adopt in public infrastructure on a large scale to introduce social capital to participate in the development and construction. The government and the social capital cooperation mechanism become more and more systematic and standardized which draw extensive attention of the community. Under this background, researchers pay attention to financing instead of PPP agreement. There are disputes of PPP agreement in academic and practice which are quite worthy of discussion, such as by which should the PPP agreement be regulated between public law and private law, be defined as administrative contract or civil contract, which dispute settlement should be taken to resolve conflicts between both parties.In this paper, several important features of administrative contract have been focused on by the perspective of legal property. The administrative priority of administrative contract has been analyzed in order to seek the effective ways to remedy of PPP agreement by discussing the current administrative contract common dispute settlement mechanism. Finally, this article concludes the importance of improving the legal framework of PPP mode with the practice in China and points out positive significance to the application and promotion of PPP mode by clarifying the legal property, the border of the powers, the rights and obligations of both parties, and establishing convenient and fair remedy under the rule of law.