Application Of Laws On Government Concession Agreement

Both the Government Concession System and the Government Concession Agreement have been more than ten years of development,accumulated a certain amount of practical experience.The Government Concession Agreement as agreed in the process of Government Concession rights and social capital obligations of the legal document,its value is not only reflected in the contract to determine the nature,has certain significance for the study of Government Concession System and administrative legal relationship.With regard to the Government Concession Agreement,the theoretical and practical circles have been controversial,especially in the nature of the Government Concession Agreement and the relevant dispute resolution.In order to explore the application of Government Concession Agreement,the author of the study researched the "administrative litigation law The Administrative Litigation Law of the People's Republic of China(2017 Revision)" and its applicable interpretation of the implementation of Government Concession Agreement law applicable to the status,to find the problem of the application of law.The first part of this paper is to explore the nature of Government Concession Agreement,the government nature around the Government Concession.Agreement,from theory and Practice for the identification of the nature of the combination of administrative act theory expounds the Government Concession Agreement "administrative agreement theory",and defined the relationship between the Government Concession Agreement and PPP.The second part of this paper is the analysis of legal norms applicable to the Government Concession Agreement,analysis of the current situation on the part of the Government Concession Agreement for the focus,through the existing problems and the influence analysis of specification for the final agreement on administrative civil law applicable law to absorb the model.The third part is the observation of the practice of law applicable to the Government Concession Agreement,based on the case analysis,show the Government Concession Agreement in the form of judicial application of the law,and summed up the franchise agreement and the nature of the dispute type for legal system construction enlightenment.The fourth part is the development of Government Concession Agreement,mainly in the three part on the basis of the analysis,through the legal status on Government Concession Agreement,put forward a sound legal system for Government Concession Agreement judicial suggestions.