An Analysis Of The Legal Nature Of PPP Project Contract

In the PPP legislative blank and the application of unclear law in our country,in the case of PPP disputes may lead to the inability to directly apply the existing PPP policy regulations,from the national scope,such cases still exist in the judicial standard is not uniform,the correct application of legal difficulties and other issues,inevitably there exists " the same case" phenomenon.Therefore,to clarify the legal nature of PPP and the application of legal rules to resolve the dispute is no longer than I do,which is conducive to ensure the healthy and orderly development of PPP model,but on the other hand,it is very important that the PPP contract should be optimized by the flexible legal mechanism to optimize the PPP terms to solve practical problems.At present,most of social capital(including state-owned enterprises,private enterprises and foreign enterprises)have doubts about administrative litigation,especially against the compulsory legal action in the project location,and prefer to use arbitration and civil litigation to resolve disputes.Whether it is judicial or arbitration,the most basic point is to use fair,open and fair procedures to resolve disputes.At the same time,we should pay attention to the construction of compliance mechanism,the regulation of public power,the optimization of PPP terms itself,and the cultivation of the ability to perform the contract and the spirit of contract.Starting from typical cases and project cases,this paper sums up the trial thinking of judges and the implementation plan of the project investors,and through analysis of legal relations and contract clauses,carefully demonstrates,in order to seek a legal and reasonable analysis method of the legal nature of PPP project contract,in order to achieve unification and correct application of the law,unify the objectives of judicial standards,to improve judicial efficiency and administrative efficiency in order to safeguard public interests,avoid the great waste of time,money and judicial resources,and improve the enthusiasm of social capital participation in infrastructure investment.And has proposed,based firmly on the fast but cautioned PPP reform,to guide PPP development along the path of rule of law.