A Preliminary Study On The Public Interest Security Of PPP Project Based On Contract Relation Perspective

With the rapid development of economy and the enlargement of city scale, the need of the urban infrastructure projects is increasing. To ease the financial pressure and intensify the infrastructure construction to provide more quality service, the government introduces the PPP mode. The Public-Private Partnerships(PPP) has been widely used in the infrastructure construction in our country recent years, not only involved the traditional utilities such as bridges, tunnels and water supply, also extends to areas such as hospitals, schools and public housing. At the same time, the government have introduced a series of policies to encourage the implementation of PPP mode. However there are many problems in the process of PPP mode in practical application and development in our country, the failure PPP cases appear a lot. Due to the quasi-public product and monopoly features of the PPP project, the PPP is closely related to the public interest and the damage of the public interest occurs frequently.This phenomenon causes the public discontent,even triggers social contradictions and conflicts leading to bad social impact, therefore we need to consider how to safeguard for the public interest.Analyzing the concept and characteristics of public interest and the definition and properties of PPP mode, the paper gives the connotation of the PPP project’s public interest as the theory basis of public interest protection. Meanwhile, the study of PPP contract subjects and contract relationship makes the research of PPP public interest security based on contract relation perspective be feasible. Through the study of some typical PPP project cases, the paper analyzes the present situation of the PPP public interest damage. Then it analyzes the status quo. according to the contract subject and contract relationship. Finally based on the cause of this phenomenon, the article provides some ideas of public protection form the contract subjects such as the government department, private partners, as well as countermeasures and suggestions of guaranteeing the public interest during the construction of contract relationship.