The Legal Characteristics And Legal Regulation Of PPP

Since the beginning of twentieth Century,the governments of various countries have been exploring and researching on the way and path of private capital entering the market of public service products.In recent years,with the public service product supply level changes in the requirements of the world's political and economic situation and people around the world continue to improve,the traditional mode of government to provide public service products more and more can not adapt to the actual needs.Public and private cooperation in the field of public infrastructure construction and public service products.Based on the above reasons,PPP model came into being.The PPP model is a new mode of operation of public goods provided by the public sector to the public through the contract,the establishment of a partnership with the private sector to provide the public with the public goods listed in the contract.Since the reform and opening up in China,the public infrastructure construction has been widely used by PPP to attract social capital to participate in the development and construction.In recent years,the cooperation mechanism of government and social capital has been gradually institutionalized and standardized.The model encourages private capital,private sector and government cooperation,participate in the construction of public infrastructure,and allow non public sector resources and funds to participate in the supply of public goods and services,so as to realize the cooperation and achieve better results than unilateral action.The PPP project is usually operated by the government's public sector and the private sector throughout the project,and is responsible for the entire cycle and results of the project.In this background,academic research for the PPP mode is from the point of view of sociology and economics,or simply to PPP mode and each participant in the status of research,and there are few analysis and summary of the legal characteristics of PPP mode.In the traditional theory of public and private law two yuan,because there is no introduction of economic law theory,the academic community in the PPP model of the legal nature of the contract is different,there are a lot of controversy.In recent years,economic law has gradually developed from a new legal discipline.From the perspective of economic law,it is not difficult to find that it is more appropriate to attribute the legal nature of PPP contract to the contract in the sense of economic law,which is also the most important legal characteristic of PPP model.Based on the operation mechanism and principle to fully understand the PPP mode on the legal characteristics of PPP model were analyzed and summarized,and from the perspective of economic law theory,the qualitative nature of the contract PPP mode for the economic law on the meaning of the contract,and then pointed out that puts forward the corresponding countermeasures and suggestions of the public sector and the private sector in the application of the PPP mode of PPP and the problems of legal regulation,to ensure China's public-private cooperation field can achieve the ideal in public infrastructure construction and public service effect.