On The Legal Nature Of PPP Contract In China

There are still many controversies about the legal nature of PPP contract in China,mainly reflected in the fact that our government has not clearly pointed out the nature of PPP contract and the way to solve the disputes.There are also two different results in judicial judgment,and the theoretical circles are constantly debating about the legal nature of PPP contract.The unclear legal nature of the PPP contract has led to questions about the application of the civil legal system or the administrative legal system in the event of a dispute.The divergence on the basic connotation of PPP is the root cause of chaos,which requires us to discuss the legal nature of PPP contract based on correct PPP cognition.Different from government procurement and government purchase services,PPP emphasizes long-term cooperation between government and business in infrastructure and public services,including franchising and equity cooperation.The deep-rooted concept of public-private relations and the dual identity of the government are also important reasons for the controversy over the legal nature of PPP contracts.When discussing the nature of the PPP contract,it should be seen by the administrative factors and civil factors that exist in it.The identification of the PPP contract as a mixed contract can not only benefit the parties involved,but also play a substantial role in promoting legislation and justice.The public and private can establish the PPP contract dichotomy structure,use the upper and lower contract systems to separate the administrative act and the civil act,and determine the applicable legal system according to the content agreed in each part.China should introduce the unified legislation of PPP as soon as possible,clarify the legal nature of PPP contracts and the ways to resolve disputes,and increase the restrictions on the regulatory status of government departments to protect the legitimate rights and interests of social capital parties.