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Research On Administrative Prior Rights Of Contract PPP Project

Posted on:2020-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q WangFull Text:PDF
GTID:2416330578960175Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous advancement of the PPP model in China,government and social capital cooperation is gradually becoming the main business model of public utilities.In the PPP project,the collision between the social capital that seeks to maximize profits and the government that believes to represent the public interest is particularly fierce.It is particularly important for the government to effectively supervise the project in the PPP project contract.The PPP project contract is the core content of the PPP project.In order to realize the public interest and contract objectives,the government has administrative priority in the performance,modification and cancellation of the contract.At the same time,the PPP project contract is a special form of administrative contract,which has both unilateral compulsory and contractual agreement.Administrative priority is a kind of transcendence power relative to the opposite party of the contract.The grasp is particularly important.As a double-edged sword,administrative priority can easily damage the government's credibility and the interests of social capital,and cause inefficiency and waste of resources.With the increasing number of disputes related to PPP projects,the disputes over administrative priorities in PPP projects have become more apparent.Combined with China's relevant legal norms and actual cases,we can find that there are still many problems in the exercise of administrative priority of current PPP project contracts.First,there is no unified legislative provision for administrative priority,and the administrative priority conditions in PPP project contracts are too vague.In practice and theory,there is a great controversy about the cause of the exercise of administrative priority,that is,the judgment of public interest,which leaves room for the abuse and dispute of administrative priority.Second,the PPP in China is still early,and the legal norms are lacking.In the context of the exercise of administrative priority,there is no specific legislative provisions.For PPP projects involving large-scale project disputes involving many subjects and complex interests,the existing procedural regulations on administrative priorities are too simple and not very targeted.The existence of these problems is not conducive to the rationality and credibility of the government's administrative priority,and it also damages the construction of China's PPP dispute resolution mechanism.The solution to the problem of exercising the administrative priority of PPP projects should focus on the rational and effective system construction.First,relevant legislation should be further improved.On the basis of summarizing the practical experience and extraterritorial experience of China's existing PPP projects,the starting conditions for various administrative priorities should be clarified at the legal level,especially to improve the public interest identification standards,to refine the identification elements of public interests,and to clarify the administration.The specific content of the priority;the second is to strengthen the procedural regulation of the administrative priority in the PPP project contract,including the implementation of the information disclosure system,improve the hearing and explanation of the reasons system;in addition to the typical temporary takeover and performance evaluation rights in the PPP project The exercise is further clarified,including detailed procedural requirements such as hearing,decision,initiation,execution,and termination.
Keywords/Search Tags:Public-Private-Partnership, the public interests, Administrative priority
PDF Full Text Request
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