Research On The Legal Nature And Guarantee Mechanism Of The PPP Agreement

The application and promotion of PPP mode is immediately concerned by the administrative law circles.The reason is that the popularization of PPP model is changing the basic theory of traditional administrative law,and the new administrative law theory of "contract governance" and "cooperative administration" is growing up.The PPP agreement is the link of the PPP mode.Because of the compatibility of PPP mode roles,cross interests and mixed development,PPP agreement is uncertain from its nature.The nature of the PPP agreement is uncertain,which does not mean that it can not distinguish and clarify the nature.Instead,it needs to construct an open and compatible administrative regulation concept and legal system,and then promote the time change of the theory of administrative law.By combing and defining the concept and historical evolution of PPP model and PPP agreement,this paper introduces the new administrative concept of "contract governance" and "cooperative administration" which is consistent with the PPP agreement,and points out that the imperfect legislation leads to the unclear nature of the PPP agreement and the difficulties encountered in the administrative and judicial fields.Based on the related systems of developed countries which have already been mature in theory and experience,the legislative ideas and distinguishing criteria should be put forward to clear the nature of the PPP agreement,and the internal and external guarantee mechanism which is conducive to the clarity of the nature of the PPP agreement is constructed so as to give full play to the system of PPP to improve the institutional advantages of public welfare.The full text is divided into five parts:The first part is to define the relevant concepts of PPP agreement.This paper mainly introduces the concept,characteristics,historical evolution of PPP mode,and distinguishes it from related concepts,and defines the formal characteristics of PPP agreement.The second part introduces the new administrative law theory of "contract governance" and "cooperative administration".The contract governance "and"cooperative administration "which correspond to the operation of PPP agreement are the theoretical foundation of this paper.The third part introduces the status and difficulties of PPP agreement operation.The disunity of the legislative ideas and the lack of legal rules have not given the position guidance of the nature of the PPP agreement.Based on the analysis of judicial cases,this paper empirically points out the doubts and difficulties encountered by the lack of the clear system of the PPP agreement.The fourth part draws lessons from the extraterritorial system of the nature of the PPP agreement.The mature practice of equality of status,detailed agreement and uniform system is of positive significance for constructing clear standards and guarantee mechanisms of the nature of PPP agreement in China.The fifth part is to constructs and improves the clarity of the nature of China's PPP agreement and its guarantee mechanism.First of all,the unified legislation idea,legislation mode."legislation on settling disputes is the premise of the nature of the PPP agreement.Secondly,we should establish the standard of substantive review of PPP agreement attributes.Finally,building of internal and external security mechanism will help clarify the nature of the PPP agreement from the contract specification and administrative point of focus is necessary from the system to implement the idea of legislation,the principle of distinction.