A Study On The Legal Issues Of The PPP Franchise Agreement

PPP model is a new type of public utility development model originated from western countries.Under this mode,the government and private capital are effectively combined to achieve their goals.The purpose of lightening the burden on the government.The new Administrative procedure Law brings administrative agreement cases into the scope of accepting cases in administrative litigation and prescribes the decision mode of administrative agreements.The administrative nature of franchise agreement is recognized from the legislative level,and the litigation relief system of administrative agreement in China is initially constructed.But one after another problems ensued,franchising The legal attribute of the agreement is unclear,scholars express their own views,and there is no unified conclusion in judicial practice.In view of the lack of unity in the legal norms of franchising agreements,the legal norms are low in rank,and the norms are not clear.In judicial practice,there is no uniform applicable standard for disputes arising from franchising agreement,and the judgment standards are diversified.It is not conducive to the settlement of franchise agreement dispute cases.At the same time,it also hinders the development of PPP model in our country.So this paper starts from the basic concept of PPP and franchise agreement,through analyzing and summarizing the different cognizance of the nature of franchise agreement in theory and judicial practice,through combing the current scholars' viewpoint and analyzing the case of franchise agreement,Make clear the legal attribute of franchise agreement.From the establishment of the basic principles,the formulation of a unified model contract to regulate the content of the franchise agreement,clear the rights and obligations of the government and funding providers,from the establishment of normative channels for consultation,To solve the civil part of franchise agreement,the mode of administrative incidental civil action is used to explore the relief way of franchise agreement in our country.