Research On The Legal Nature Of PPP Contract

Public-private cooperation refers to the mode of action in which the state enters the administrative process by absorbing the private sector and jointly achieves the established administrative tasks.It originated from the interaction and blending of public and private,and gradually developed into a new administrative mode of modern administrative state.PPP is a new mode of providing basic public goods or services for the society by establishing long-term partnership with social capital providers.It has advantages over the traditional supply mode of public goods or services.On the one hand,as an important means of financing,it is used to introduce and regulate social costs in infrastructure,public goods and services,and to solve the problem of local government debt.On the other hand,it has become an important policy tool to accelerate the transformation of government functions and break the market access restrictions.However,there are many disputes about the nature of PPP project contract in theory and practice.The main difference in the theoretical circle is whether the nature of PPP contract is civil contract or administrative contract,and some scholars think that there are economic contract and mixed contract.In practice,the nature of the contract has a substantial impact on the following of basic legal principles,the application of specific rules and the choice of dispute resolution.Therefore,it is necessary and urgent to clarify the nature of PPP project contract and improve the corresponding dispute relief mechanism.This paper introduces the PPP model and PPP contract in detail,and combs the viewpoints of various theories.according to the inherent characteristics of PPP contract,it concludes that PPP contract belongs to administrative contract.There are four parts in This paper.The first one is the introduction,which mainly includes the background of the topic,the question and the literature review.Since the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China,the PPP model has been raised to a new strategic level.However,at present,there are some problems in the regulation of public-private cooperation in China,such as low level of effectiveness,lack of authority,rough content and contradictions in some contents.From the current situation,the vagueness of the nature of PPP contract and the confusion of the dispute settlement mechanism stipulated by the law lead to the ambiguity of the applicable legal norms of PPP contract,the difficulty of remedy for the rights of parties,the influence of social capital's confidence in participating in the PPP model,and the disadvantage of the long-term development of the PPP model.The second part summarizes the relevant theories of PPP,introduces the concept and operation of PPP.The mode of work,the concept of PPP project contract and the system of PPP project contract,PPP project contract is the carrier of PPP model,and the nature of PPP project contract is also the nature of PPP contract.The third part is the related theory research on the legal nature of PPP contract.There are civil contract and administrative contract theory as well as economic contract theory and mixed contract theory about the legal nature of PPP contract in China.This part introduces and comments on the views of each theory.The fourth part is the analysis of the administrative nature of the PPP contract,which has the characteristics of administrative subject,public interest priority,administrative priority,the need of administrative power control,and the feasibility of administrative relief.Based on this,it is concluded that the PPP contract is an administrative contract.