A Study On The Legal Nature Of Public-Private Partnership(PPP) Contract

The nature of public-private partnership(PPP)contracts is a matter of constant concern in the public-private partnership(PPP)model,and is also a controversial issue that law scholars in various sectors want to resolve.The main body of the public-private partnership(PPP)contract is the government department and the social capital party.The main body of the contract determines the nature of the contract and the nature of the private law,making the nature of the contract confusing.The public-private partnership(PPP)model emerged to solve problems such as the government debt crisis and market failures,which indicates that the public-private partnership(PPP)model will be regulated by economic law.At present,there is no uniform regulation on the nature of public-private partnership(PPP)contracts at the legislative level.Based on this,this paper will use the research paradigm of domain law,from the static text and dynamic operation mechanism of public-private partnership(PPP)contract nature,explore the public law attribute and private law attribute;define the nature of contract under the public-private binary perspective The comparison shows that the viewpoint of this paper is the comprehensive nature of public and private integration.From the perspective of domain law,it puts forward the comprehensive legal adjustment measures of civil law,administrative law and economic law and the improvement measures of legal supervision.In addition to the introduction and conclusion,this article consists of three parts:The first part mainly discusses the concept of public-private partnership(PPP)model.Firstly,it introduces the public-private partnership(PPP)models introduces the public-private partnership(PPP)model of the United States and the United Kingdom,and definition of Public-Private Partnership(PPP)Model in Broad and Narrow Senses in China in order to fully understand public-private partnership(PPP).Based on the model,the study of the nature of the contract is carried out.Then introduces the legal characteristics and legal significance of the public-private partnership(PPP)model,mainly to illustrate the public-private property attributes contained in the public-private partnership(PPP)model.The second part analyzes the static text and dynamic operation mechanism of public-private partnership(PPP)contract nature.Firstly,it proves the public-private property of public-private partnership(PPP)contract and the complexity of contract from several static aspects of contract subject,contract clause and risk sharing.Then,from the dynamic mechanism of contract,we can glimpse the government’s macro-control behavior in response to market failure.From the perspective of domain law,the third part reviews the comparison of the nature of public-private partnership(PPP)contract from the perspective of public law and private law.It conforms to the value orientation of economic law and conforms to the legal adjustment relationship of civil law,administrative law and economic law.The public-private law attribute of the public-private partnership contract,after deriving the comprehensive nature of the multi-faceted public-private integration,puts forward the comprehensive legal adjustment countermeasures and the legal supervision improvement countermeasures.