The Judicial Review Of PPP-Contract

The main content of this article is about the nature of public-private cooperation agreements and the related issues of judicial review of public-private cooperation agreements.First of all,it is clear what the public-private cooperation agreement is,that is,the historical background of the public-private cooperation agreement,the legal concept of the public-private cooperation agreement,the types and characteristics of public-private cooperation agreements and the legal relations implied in them.For the judicial review of public-private cooperation agreements,it is very important to analyze the differences and differences between public-private cooperation agreements and ordinary civil contracts.This is also the theoretical basis for examining the judicial review of public-private cooperation agreements from the perspective of public law.After defining the difference between public-private partnership and ordinary civil contract,this article starts with the perspective of public law,analyzes the nature of public-private cooperation agreement,explores the various existing views on the nature of public-private cooperation agreement,analyzes each one separately and finally clarifies the agreement of public-private cooperation An administrative agreement.Secondly,on the basis of clarifying the nature of the PPP agreement,this paper discusses the connotation of the judicial review of PPP.In order to carry out the judicial review of public-private cooperation agreement,we must first determine what it contains.In this paper,the legal obligations of the executive authorities and the legal obligations of private partners as the starting point,with the double-stage theory in the field of public-private partnership agreement,and ultimately determine The seven main issues involved in the judicial review of public-private cooperation agreements are litigants,issues of legality examination,purposive examination,arbitration,scope of hearings,issues of burden of proof,compensation or liability.On the basis of defining the public law attributes of public-private cooperation agreements,it embodies the fair value,openness,rationality and responsibility of judicial review and other public law value arrangements.Thirdly,this article takes the issue of the legal application of the judicial review of public-private cooperation agreements as a chapter,highlighting the importance of applying the law.In this section,this article explains that the judicial review of public-private cooperation agreements can not simply apply the principles and rules of public law or private law.The article’s point of view is that the French public law adjustment model may be the most ideal option for constructing the judicial review system of our public-private cooperation agreement.However,the adjustment of public law in France is based on the mature path that the administrative courts in France accumulated through many years of judicial practice.Considering that our country is a country that is highly dependent on written law,blind pursuit of the applicable law of public law in France may cause a great deal of legislative work in our country pressure.At this stage,drawing on Germany’s "civil law model of administrative law" is a more secure choice.