On The Legal Nature Of The Government Franchise Contract In The PPP Mode

PPP mode(government and social capital cooperation mode),it can not only improve the government in the construction of infrastructure funds,the low efficiency of public goods or services provided by the problem,can also use social capital funds and technology advantages,encourage them to participate in the infrastructure and public utilities,through the market mechanism,improve infrastructure,public goods or service supply capacity and efficiency.Therefore,to promote the PPP model plays an important role in the mechanism innovation of public service supply in China.However,in the operation of PPP mode in China,how to define the legal nature of the franchise contract,the academia is still controversial,which involves not only the law theory,also relates to the practice of law,the legal status of government and social capital providers,rights and obligations and responsibilities division,and the relief mode of use and other practical problems.Through the analysis of PPP The development mode of legal documents,carding regulation PPP mode,explains the legal characteristics of PPP mode,PPP mode in several major models in China,and the relationship between franchising and PPP mode;analysis of the way of setting up,a variety of legal relations of the PPP pattern and the franchise relationship involved in the subject,object and content,angle analysis of the private nature of the franchise,the franchise rights formed in addition,the franchise is not the government unilaterally reflect the will of the administrative license,it is different from the ordinary,but social capital with capital,technology and the government signed the exchange of franchise contract.Finally,from the main body,the government in PPP mode the object of the franchise contract,discusses the contract for civil and commercial contract content three,but because of the contract to provide the infrastructure,public goods or services,so it is different from the general Civil and commercial contracts,the government in the contract both double identity,are both partners and regulators,but the as a regulator in PPP projects,and not the public power in the field of commercial inevitable extension,but the,as the representative of the public interest exercise the function of public service and government regulation and intervention is thecontents of the two sides agreed in the contract,in other words,the government franchising contract is the basis of government the right to exercise supervision.