The Research Of Legal Risk Prevention Of PPP Contract Fulfillment In China

PPP cooperation mode has experienced more than 30 years of development in China,and many public utilities related to national economy and people's livelihood are carried out using PPP cooperation mode,which has played an important role in promoting the economic development of China.Although PPP cooperation mode has many advantages,it plays an important role in realizing social benefits and personal benefits.However,it is worth facing up to that there are still many potential risks in the actual performance of PPP contracts.Because the PPP project has cost,long operating cycle and characteristics of complicated interest relations,more participation main body,combined with the current our country is not yet on the PPP model,specific legislation issued by the competent department in charge of the ministry of finance,the national development and reform commission and other documents and contradictory problems such as low status,the regulation,make in the practice of the PPP face many risks in the process of the performance of the contract,default happened frequently.At present,the academic research mainly focuses on the identification and management of risks in PPP cooperation mode,but in the field of law,the discussion of legal risks in the process of PPP contract performance is still insufficient.To prevent the legal risks of PPP exist in the process of contract fulfillment,is the project participants,especially the party focus on the part of the government departments and social capital,help to improve the predictability of the PPP projects,promote the government administrative goals,to reduce operating costs,risks of social capital loss,guarantee the project on time completion operations in an orderly way,realizes the social benefits and interests of the individual win-win goal.This paper is divided into four parts.The first part is an overview of the basic connotation of PPP contract.This part is mainly divided into the basic connotation of PPP contract and legal relations,legal nature discrimination,PPP cooperation mode related theoretical analysis.The second part mainly analyzes the risks existing in the process of PPP contract performance in China.PPP contract performance risks are mainly divided into diversified legal application risks,contract performance influencing legal risks and government resource allocation credit risks.The third part mainly introduces the mature experience of foreign countries in PPP system and puts forward some Suggestions.The unified legislation model of South Korea,the PFI standardizedcontract of Britain and the dispute resolution mechanism of Australia are of great significance for China to prevent the risks of PPP contracts.The fourth part is about the legal risk of the third part.Firstly,special legislation and supervision mechanism of PPP should be accelerated at the legal level.Secondly,from the perspective of contract governance,China's PPP standardized contract is designed to clarify the rights and obligations of the government and optimize the contract risk sharing mechanism.Thirdly,improve the government guarantee system and establish the third-party insurance mechanism to deal with the legal risks of PPP contracts.Finally,improve the PPP dispute resolution system.