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Qualitative Analysis Of PPP Project Contract As A Legal Action Concept

Posted on:2019-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2346330548453990Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The dispute between public law and private law is the fundamental element of the dispute of PPP project contract.The following kinds of legal relations exist in PPP project contract: The equal principal relationship between the government and the private subject at the signing of the agreement and supervision and Regulatory relationship.Most of the previous studies dealt with PPP project contract issues in the sight of public law.With the appearance of the private law attributes in PPP project contracts,the signing,operation,and dispute resolution of PPP project contracts were widely used.However,the PPP project contracts " "Administrative" is based on the "contractual nature" of an ordinary contract.The only thing is that in the PPP project contract,the nature of its private law should be regarded as the essential attribute of the PPP project contract.In the process of government procurement of services,because the private subjects and the government respectively represent different interest groups,namely private interests and public interests,the PPP project contracts that they sign have two different orientations,namely “contractual” and “Administrative” establishes the “contractual” and “administrative” of PPP project contracts according to the intended rights and obligations or the statutory rights and obligations in the signing of PPP project contracts.In recent years,it is necessary to contract with PPP projects.The controversy centering on "contractual" or "administrative" continues,and some scholars believe that PPP project contracts should be mainly "administrative",and that the nature of the contract should be characterized as an administrative contract.This viewpoint is ignored.The "contractual nature" existing in the PPP project contract is also not comprehensive enough for most PPP project contracts that are resolved by the nature of the civil contract.Other scholars advocate that the contract should be regarded as both "contractual" and "administrative".It is believed that the PPP project contract should have both the attributes of the civil contract and the attributes of the administrative contract,and should be specifically asked when dispute disputes are resolved.Specifically,this view has reduced the efficiency of contract dispute resolution in PPP projects to a certain extent.At the same time,it also confuses the concept.The situation of “detailed analysis of specific issues” gives great discretion and is not conducive to the legitimate rights and interests of the parties.At the same time,this does not meet the requirements of today’s rule of law.In fact,the focus of the debate is on the nature of the contract(a civil contract or an administrative contract).However,the concluding of a contract or the formation of a legal act also has a great controversy.During this period,the most important controversy concerns the concept of legal actions.Regarding the attribution of essential attributes,some scholars believe that legal actions themselves should have certain legitimacy to have a legal effect.This view directly disconnects the connection between individual will and behavioral effects to a large extent.Behavioral effects as the main basis for judgments;some scholars believe that legal acts is the meaning of the expression,this view only in the ideographic person’s individual will and the relationship between the effect of the establishment of the connection,the relationship between the legal effect and the other two It has not been established.We believe that the formation of legal actions is closely linked to the expression of the individual’s will,the effect of expression,and the effect of the law.It is undeniable that the expression of meaning is the fundamental attribute of legal action.However,if the legal action is supported by such means as expression of meaning,equality of status,and arrogance of responsibility,it may be closer to the link between the three.The most essential element of the resolution of the normative issue is the analysis of its attribute issues.Through discussions on the conclusion of PPP project contracts,unilateral right of cancellation,and dispute resolution mechanism,it seeks to find out its relevance to autonomy,status equality,and responsibility.,to complete the PPP project contract is the analysis of the concept of legal acts.Under this definition,it is self-evident that legal actions are concentrated expressions of the individual’s will.The conclusion of a contract or the formation of a legal action is formed through the self-determination of the individual will.Under this theory,the PPP project contract belongs to the contract.The one that should be based on the "contractual",advocates that the PPP project contract has the property of a civil contract,which means that the PPP project contract should be a legal act.
Keywords/Search Tags:legal behavior, The PPP, The administrative agreement, Meaning said
PDF Full Text Request
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