Study On Legal Issues Of PPP Franchise Agreement

After China entered the "Thirteenth Five-Year Plan",we vigorously promoted supply-side structural reforms,in which cooperation between government departments and the social capital side(PPP)is an important measure for carrying out supply-side structural reforms.In the report of the Third Plenary Session of the Eighteenth Central Committee of the Party,it was clearly stipulated that more private capital should be involved in China's infrastructure construction and the provision of public goods and services.Under the strong call of national policy,social stock capital was utilized,and more social capital gradually poured into public infrastructure construction such as urban water supply,sewage treatment,and gas supply.At the same time,government participation Disputes between parties and social capital parties,including the legal nature of the franchise agreement in the PPP project and the type of remedy for disputes arising from the implementation of the agreement by the project subject,should be followed by scholars and the public.Different scholars have different opinions on the legal nature of PPP franchise agreements.Among them,the legal attributes of PPP franchise agreements are classified into administrative contracts,civil contracts,and mixed contracts.In China's judicial practice,the Supreme People's Court and local high people's courts have adopted different litigation procedures such as civil lawsuits and administrative lawsuits in the trial of disputes over PPP franchise agreements,leading to "different judgments in the same case."Based on the "two-stage theory" and the "controversial focus" of the PPP franchise agreement in judicial practice,the article re-sorts out the legal attributes of the PPP franchise agreement and explores the more appropriate remedy model for disputes in the agreement.The first part: related theoretical concepts of PPP projects.This section briefly explains the meaning,main mode and legal relationship of PPP projects.The second part: Analysis of legal attributes of PPP franchise agreement.This section mainly introduces the different definitions of the legal attributes of PPP franchise agreements in the current academic circles,and evaluates their rationality and inappropriateness,including administrative contracts,civil contracts and mixed contracts.At the same time,the author redefines the legal nature of the PPP franchise agreement from the perspective of "two-stage theory" combined with the rights and obligations of both parties stipulated in the agreement.Part ?: Problems in China's PPP franchise agreement.This part mainly introduces the problems existing in the legislative and practical aspects of the current PPP franchise agreement in China.The fourth part: the improvement of China's PPP franchise agreement legal regulations.By analyzing the problems existing in the legislation and judicial aspects of the PPP franchise agreement in China,this paper puts forward suggestions for improving the dispute mechanism of the PPP franchise model.