Research On Liability For Breach Of Contract Of PPP Concession

In order to promote the transformation of government functions and improve the quality and efficiency of public services in China,it was pointed out in the "decision of the CPC Central Committee on comprehensively deepening the Reform" issued by the third Plenary session of the 18 th CPC Central Committee,If you want to promote government buying services,you need to involve social capital in infrastructure investment and operation.For example,in the form of franchise participation,including BOTTOT and other models.This is the first time that the PPP model has been included in documents issued at the central level.Although China has some practical experience in applying PPP franchise mode to public utilities,The more we push forward and develop the franchise mode of PPP in our country,the more prominent is the problem of legal norm in the process of practice.Both in legislation and in the relevant legal theory research,compared with some foreign countries are inadequate.In terms of legislation,China's PPP franchise mode is not perfect either at the central level or at the local level;from the perspective of the theory of law,the research on the PPP franchise mode in China is not comprehensive and systematic enough.For example,the nature of PPP franchise contract and related laws The research on the problem,especially on the liability for breach of contract in PPP franchise contract,is still lacking.It is because the regulation of PPP franchise mode in our country is not mature enough,so the role of PPP franchise contract is more prominent.That is,the content stipulated in the PPP franchise contract is an important basis for correctly handling the rights and obligations between the government and the franchisee.It is not only the basis for the government to supervise the franchisor,but also the primary basis for the franchisor to claim the right.Therefore,whether the contract is drawn up fairly,whether the content of the contract is perfect or not,and whether the liability for breach of contract is clear or not,will affect the benefit of PPP franchise and the service of PPP franchise.Quality.This article mainly through three aspects to discuss the PPP franchise contract liability related to breach of contract.The first part introduces the theoretical problems related to the liability for breach of contract in PPP franchise contract from three aspects: the particularity of franchise contract and the type of liability for breach of contract.The second part puts forward the main problems and the reasons of the problems in China's PPP franchise contract through relevant cases.The third part is the author's thoughts on the perfection of PPP franchise contract breach liabilitysystem,which mainly includes perfecting the relevant legislation of PPP franchise contract,contract exemption situation and the way to assume the breach liability.