Discussion On Our Legal Nexus In Public-private Partnership

the selection of form of public-private partnership is actually a challenge for traditional administrative law.It not only needs to include into the category of standard adjustment,but also needs to make certain innovations for the standard itself to adjust the binary opposing public and private partnership in mainland law system at the same time.Therefore,it is easily to be trapped in administrative contract form of obedience and submission between high power and relative person under binary opposition in traditional administrative law if constructing the public-private partnership in public infrastructure construction by taking “franchise” as the core.This is actually against the aim of public-private partnership in modern significance.Fortunately,we are in discussion stage for the definition of our administrative contract and for the preparation of administrative procedure law,so it needs to construct our administrative law system in a forward-looking perspective.In the form of public-private partnership,it needs to take more relaxed attitude and place the focus of attention in the whole process of partnership,distinguish the legal relations involved in public-private partnership in public infrastructure construction and take it as the premise to construct the standard of our public-private partnership.