A Study On Dominant Legal Status Of Government In PPP Contract

Since the third plenary session of 18,the emphasis of the State on the government and the social capital Cooperation Model(PPP)has aroused the controversy over the basic problems of PPP model,such as the nature of the PPP project contract,what legal status the government is in,and the problems solved through civil or administrative judicature.In addition,the tradition of government-dominated social governance that has been formed in the form of a single State structure has long been adopted in China,this article tries from the Government's angle,in order to the theory theorists about the PPP project contract the government legal status different theories to do the basic analysis the way,clear its in the project contract should be the civil subject legal status conclusion.The main content of this article will be divided into three chapters:The first chapter,for the PPP project contract government is the administrative subject,the civil subject also or the public and private mixed subject three different viewpoints,this chapter carries on the carding and the appraisal,in order to reveal the present academic circles to the question different viewpoint as comprehensively as possible.The second chapter,according to the available information,investigates the legal status and other related issues of the government main body in the PPP project contract between the foreign law and the United States,mainly studies the former administrative contract system and the latter government contract system related content.Chapter Three,through the view of the legislation and practice of the legal status of the government in the PPP project contract,is clear in what legal status is in practice,and then elaborates the viewpoint of this article in the latter section to choose the legal status of the government.