Research On PPP Agreement Legal Issues

Under public-private Partnership(PPP)mode,the government and Private enterprises complement each other's advantages and share their interests,thus solving the problem of limited financial resources of the government.In addition,by introducing the operating efficiency of enterprises,the government and Private enterprises play a role of improving the quality and efficiency.As the core of PPP model,PPP agreement is to build a bridge and link between the government and social capital.The study of relevant legal issues of PPP agreement is of great significance to the development of the whole PPP model and the development of administrative law regulation method.In this paper,on the basis of clarifying the concept of PPP protocol,collecting typical case study,extracting the PPP protocol the focus of the legal issues and practical experience,and analyze the causes of these problems,by reference to the practical experience of international organizations and other countries,combined with the existing legal framework in our country,put forward the scheme of perfecting our country's legal regulation system for the PPP protocol.The first part of this paper sorted out the concepts and types of PPP model and PPP agreement,and further defined the scope of PPP agreement studied in this paper by comparing PPP with privatization,government purchase of services,and PPP agreement with government procurement contract,laying a foundation for the retrieval and analysis of the following cases.The second part is the empirical analysis of the PPP protocol in our country,through collecting 110 articles written judgment,and focus on the study of 40 typical cases,presents the practice of the PPP agreement disputes under the jurisdiction of the civil action to administrative action,dispute type focus in the field of water supply,gas,sewage and garbage treatment etc,and summed up in the jurisdiction of the court,the PPP protocol standard,using the litigation subject qualification,etc.The third part is the analysis of the causes of the PPP agreement legal quagmire,through inductive case,to produce the PPP protocol to analyze the cause of the main legal issues,summed up the PPP protocol both public and private law factors and standards to the jurisdiction of the dispute,administrative litigation "people GaoGuan" model leads to public sector remedy mechanism remains controversial,the imperfection of the legal norms to no rules or rules for three reasons.The last part of the article,by combining the content of the above three parts,for finishing,the legal problems and causes in outside experience is any guide,offered to development as the background to establish a transparent and private law,the regulation principle of fairness,cooperation and win-win,"comprehensive standard" used to order review unified the PPP agreement dispute identification standard of thinking,from the perspective of administrative organs and the PPP protocol stakeholders to expand the scope of the PPP agreement dispute litigants,a high status of a legal document and optimize the mode of legislation,unified the referee thought and measure the five countermeasures of perfecting our country's legal regulation system for the PPP protocol.