Research On The Government's Legal Liability Question Under The PPP Mode

The PPP model is applied to the construction of urban infrastructure, which realizes the realistic demand of payment administration. However, because the government has the right of administrative benefits in the project, in the existing law does not specify the legal responsibility of the government circumstances, resulting in the government lazy to bear the legal responsibility of the phenomenon is not uncommon. PPP as the basis of PPP project with a mixed, that is, civil and administrative. Civilization is the relationship between government departments and social capital, the two sides based on equal legal status to negotiate the rights and obligations of both parties, so the government departments have the possibility of civil liability. Administrative means that the government is the PPP project providers, regulators, government departments and government officials in the improper exercise of administrative power easily lead to government departments lazy bear the responsibility of integrity, regulatory responsibility, risk sharing responsibility, this time should be required to assume government departments Administrative legal liability. First of all, it is necessary to analyze the legal basis and legal stipulation of the legal responsibility of the government in the PPP model, and discuss the constitution of the legal responsibility of the government. Secondly, the government neglects the integrity of the government in practice. Responsibility, Regulatory Responsibility and Risk Sharing Responsibilities There are many examples of PPP project failures, and the government should take legal responsibility for this. The author analyzes the reasons why the government loses the above responsibility and finds out the countermeasures, including perfecting the PPP legislation, establishing the basic rules of the government behavior, strengthening the supervision mechanism and so on. Finally,discuss how to hold the government's legal responsibility from the perspective of the dispute resolution mechanism. The division of government legal responsibility includes civil liability and administrative legal responsibility. The different legal responsibilities of the government should have different ways to resolve disputes, according to the nature of government behavior, the legal status of the government and other comprehensive judgments. When dealing with civil liability in consultation, civil litigation and arbitration, it should be noted whether the administrative power of the government will adversely affect the settlement of disputes. The introduction of the new Administrative Procedure Law provides a legal basis for resolving the administrative legal responsibility of the government under the PPP agreement. This paper analyzes the three kinds of situations that the government departments bear the legal responsibility when the public is damaged in the project, and puts forward their own opinions to protect the legitimate interests of the public.The government procurement law, the State Council departments and local governments issued a series of normative legal documents such as "PPP project contract guide" and other legal relations between the government and non-governmental organizations to make the provisions of the new administrative procedural law and judicial interpretation Which provides the legal basis for the application of administrative litigation to solve the government administrative legal relationship, effectively restricting the administrative power of the government and protecting the legitimate interests of the relative and other interested parties. Therefore, in the PPP project when the government lazy to take legal responsibility behavior, according to the status of the main body of the government, the composition of the legal relationship, the nature of the damage behavior, the legal responsibility to comprehensive judgments, put forward the applicable relief mechanism to achieve the norms Under the PPP model, the government should bear the purpose of legal responsibility.