Research On The Liability For Breach Of Administrative Contract Of PPP Project

In recent years,with the development of negotiationg administration,administrative contract has been concerned by the public.After issuing the Administrative Litigation Law of the People's Republic of China(2014 Amendment),the system of administrative contract in our country made the first step to systematic judicial review.For the moment,the leagal theories and practice of administrative contract become maturer and maturer in western countries especially incivil law countries.The system of administrative contract in our country is still at a primary stage,so it's necessary to research the theories of the liability for breach of administrative contract.PPP models,the government and private organizations forms cooperative partnership based on concession agreement,and through signning the contract in order to clear the rights and obligationgs for both parties.In recent years,PPP models(Public-Private-Partnership)are introduced into China and have a rapid development.Presently,PPP projects has been carried out widely in the whole country.The research of PPP project contract is a categorization of administrative contract research.This paper is aimed to do a case study on PPP project administrative contract,which mainly discussing the imputation principle,the constitution elements,the forms of bteach and the methods of responsibility,and giving suggestions about completing the judicial relief on the liability for breach of administrative contract.This paper is divided into the following four parts:Introduction part shows that the value of the liability for breach of PPP project administrative contract,in addition,the present research status of this contract has been summarized.Finally,the creative place and the way of thinking has been demonstrated in this part.The first part is the overview of basic theory of contract.Introducing the administrative contract and the civil contract.Introducing the legal attributes and development status of PPP project contract in our country.The second part,the empirical analysis of the liability for breach of PPP project contract-a case study on PPP project administrative contract.Through the text,listing different kinds of liability for breach of contract problems in PPP project contract and analyzing the text.Discussing the stipulation on liability for breach of contract which existing ambiguity on that defining the rights and obligations,events of default and so on.Listing the problems which existing in contract,in order to perfect the liability for breach of contract.The third part,reconstruction the system of the liability for breach of PPP project administrative contract.In this part,clearing the imputation principle is mainly basic on strict liability and supplemented by fault liability.The constitution elements including subject of liabilities,breach of contract and the validity of a contract.Introducing the liability for breach of contract,and putting forward the method of bearing liability for breach of PPP project administrative contract for administrative subject and administrative counterpart.The fourth part,completing the judicial relief on the liability for breach of administrative contract.After issuing the Administrative Litigation Law of the People's Republic of China(2014 Amendment),to make sure the range of Administrative Litigation including the administrative contract disputes.This part will complete the judicial relief of liability for breach of administrative contract from four ways,i.e.establishing the classifical examination standard,clearing the evidential burden distribution,ascertaining the standard of proof and establishing a better mediation system.