On The Contract Of Public-Private Partnership(PPP)

In the PPP mode,there are always existing interest conflictions between the government apartment and the private apartment.The contract is the main method to adjust these interest conflictions.There are different form of contract in the PPP contract system,the PPP project contract is the main form.There are some problems in our country's PPP practice,including that:the ambiguity of the legal nature of the PPP project contract;the uncertainty of the risk in the performance of contract;and the uncertainty of dispute resolve mode.To forming standardization contract is the key point of resolving these problems.We must differentiate the coerciveness clauses and the random clauses when structuring the standardization contract.And it's the foundation and the precondition.This paper contains four sections.The first section is about the contract theory of interest coordination in PPP.There exits interest conflictions in the PPP.Structuring a standardization contract is a main method to coordinate the interest confliction.The PPP contract system are a sort of diversity contract.From the economics and the law perspectives,we can divide these contracts to complete contract and incomplete contract;administrative contract and civil contract.The second section is to analysis the PPP contract system.Firstly,the contract parties are the government apartment and the private apartment.Secondly,the contract system can be divided to PPP project contract and other contract.Lastly,the PPP project contract can be divided to franchise agreements and government procurement contracts.Both of these contract have the characteristic of government regulation.The third section is about the problems in the practice of the PPP project contract.These problems reflect in three aspects:firstly,there are three theories in the nature of the project contract,administrative contract,civil contract,mixed contract,it results in the the ambiguity of the legal nature of the PPP project contract.Secondly,the risk of incomplete of contract and the credit missing of the government result in The uncertainty of the risk in the performance of contract.Lastly,the ambiguity in the legislation and the confusion in the judiciary result in the problems in the practice of the PPP project contract.The fourth section is about the standardization of our country's PPP project contract.The standardization of contract is a set of contract that keep accordance in specific time and space.The key point is to differentiate the coerciveness clauses and the random Clauses.