Research On Government Commitments Of PPP Project Contract

The PPP mode has been vigorously promoted in China's infrastructure construction,it can solve the problem of the shortage of infrastructure investment,and it gives full play to the technological management advantages of social capital.Due to the characteristics of large amount of investment,long operation time,and uncertain market risk in PPP projects,the government is generally required by social capital to provide government commitments during the negotiation of the PPP project contracts.As a reflection of the government's sharing of project risks,it provides support for project investment and financing.Whether the government commitments are reasonable will affect the performance of the PPP contract,the uncertainty of its legal nature and application of law will increase the difficulty of dealing with the dispute,and then affect the practice of the PPP project,and then it will affect the practice of the PPP projects.This paper studies government commitment through interdisciplinary research,literature research and comparative research.Firstly,in the analysis of the reasons and functions of government commitments,this paper analyzes the sources,forms and consequences of the government's irrational commitments,and analyzes the plight of the dispute settlement of the current government commitments,combining the research of three types of typical government commitments.Secondly,through comparing government commitment with guarantee,it is considered that the contract clause only stipulates the government obligation.Through the analysis of the main body,purpose,legal status,content,contract procedures,and dispute resolution procedures,it's concluded that the legal nature of the PPP project contract is civil contract,and it analyzes the application of law of government commitments combined with the two-stage theory.Through the comparative study of the forms of government commitments,it puts forward suggestions for selection.Finally,through the legal regulation,administrative regulation and contract management to strengthen the management of government commitment,in order to avoid government commitment disputes and solve disputes through the handling mechanism.Through the above research,this article hopes to reduce the possibility of unreasonable government commitment;strengthen the internal control and external management of government commitment;reduce the occurrence of government commitment dispute;promote the smooth settlement of the government commitment dispute;promote the successful implementation of the PPP model in China.