A Study On The Liability For Negligence In The PPP Agreement

PPP agreement,the government and social capital cooperation,is the government and social capital in the form of cooperation agreement to provide public goods and services.The nature of the PPP agreement is still controversial.The negligence is lack of system and theory support,which liability has the same place in civil contract but also has the essential difference.In the judicial practice,the government department has the contracting negligence situation.for example,when contracting the government departments violate the law's authority,content,procedure etc.In this series of cases,both the current civil law and the administrative law can not provide a complete identification mechanism and remedy for their contracting fault liability.In view of the lack of theoretical system and the need of judicial practice,this article takes it as the main research object.Based on many academic theories and systems,this article defines the liability of negligence in the PPP agreement as the administrative legal liability.The contractual liability of the PPP agreement narrows the research scope of contracting negligence in government departments.This article research from the responsibility of the case,attributed the principle of responsibility,constitutional requirements,responsible way,judicial relief and other aspects.Based on the administrative law relationship,this paper constructs the identification system of contracting fault liability,breaking through the state of public and private sector.It has the characteristics of the times and innovation.From the perspective of administrative law,combined with the civil liability of negligence in contracting theory,this study creates more possibilities for the establishment of our PPP protocol contracting fault liability theory and system of justice,in order to make the public-private cooperation to provide more services for the community.Specifically,the writing of this paper is mainly focused on the following levels:The introduction part is the reasons which are to clarify the liability for negligence in the PPP agreement limited by the research of contracting negligence responsibility of government departments.The qualitative nature of contracting negligence responsibility is administrative legal responsibility.The first part is the study of the case of liability for negligence in contracting parties.This part consists of a judicial case about contracting fault liability in judicial practice.The stage of contracting fault liability is determined,and the situation of malicious contract,violation of statutory authority,content and procedure and other violation of good faith principle is expounded.The second part is the study of the principle of liability fixation and the constitutive requirements of the liability for fault in the contracting parties.Taking the law as the liability principle of the liability for fault of the contracting parties and expound its connotation.The components of the constitutive elements include the violation of the law,the cause of damage,the causal relationship between the behavior and the damage,and the ability of the subject to be responsible.The third part is the study of the way of responsibility.The way of undertaking responsibility is different from the way of undertaking the liability for negligence in the civil contract,and the way of undertaking the liability for negligence of the government is more pertinent.It includes the termination of the signature procedure,the reformulation of the specific administrative act,the compensation or the compensation for the loss of trust.The fourth part is the study of judicial relief for the liability for fault in the contracting parties.First,we study the reasons for the supplementary application of civil contract law.Secondly the types of the verdict include the confirmation of the judgment,the indemnity,the compensation and the dismissal of the judgment.Finally the distribution rules of the burden between government departments and social capital in the liability for negligence in contracting parties.