Study On Principles Of Imputation Of Contract Liability For Public-private Partnership Project Contracts

With the rapid promotion of PPP model in China,the number of PPP projects is also increasing.By September 30,2017,a total of 14,220 projects have been registered in the country,and the total amount of the project is as high as 17.8 trillion yuan.Although China's PPP model has developed at a high speed,it lacks a complete PPP legal system.The upper law related to PPP has not yet been formed,and there are conflicts phenomena in the lower-level law.As a statutory country,our country must rely on corresponding legal norms for the implementation of any legal act.The development of such a largescale,high-speed PPP model does not have a strong legal environment to support,and it is bound to lay a hidden danger for the implementation of the PPP model.In the event of a breach of contract or force majeure by a party to a PPP project contract,it will create a difficult predicament,which is not conducive to the settlement of contract disputes.Ultimately,it will affect the enthusiasm of the social capital party to participate in the PPP project contract and hinder the development of PPP.The breach of contract liability system plays a very important role in the contract law and is also an integral part of the PPP project contract.Breach of contract means that the breaching party's breach of his promise is also a breach of the agreement and trust relationship between the parties.When a breach of contract occurs,the determination of the breaching party's responsibility must follow a certain principle of liability.If we can clearly define the principle of liability for contractual breach of contract of PPP project,it will be more helpful to solve the problem of possible breach of contract in the implementation process of PPP project.The paper first analyzes the development status of PPP at home and abroad and the key problems encountered in the development of PPP in China.It points out that the spirit of local government contract is not strong,it is easy to terminate the project ahead of schedule,and PPP policy is led by multiple entities and has poor stability and other issues.Combining the PPP model and the principle of attribution of liability for breach of contract in China,this paper analyzes the theoretical and practical significance of the principle of attribution of liability for breach of contract in China.Based on the characteristics of civil contract,administrative contract and public-private hybrid contract,combining the characteristics of PPP project contract freedom and the equality of legal relationship between contractual parties,the PPP project contract is a civil contract with Administrative law factors.Through the comparison and analysis of the principle of liability for liability for breach of contract in the two major legal systems,I combine with the principle of liability for liability for breach of contract in Chinese contract law,we pointed out that Chinese adopts a multiplicity of accountability systems with strict liability and fault liability principles,and analyzed strict liability and faults.The scope of application of strict liability and fault liability principles,constituent elements and statutory exemptions are analyzed.Based on the complex characteristics of PPP project contract structure and the provisions of the liability principle of administrative contract and administrative contract breach liability,the necessity and rationality of applying the principle of liability for breach of contract liability in PPP project in China's contract law are analyzed.I use the "two-point method" system that violates the nature of obligations,the government's and social capital's obligations in the PPP project contract are categorized,and they violate the methodical obligations and bear the liability for faults;they violate the resulting obligations and assume strict responsibilities.When a case of force majeure occurs,both parties can be exempted.Finally,aiming at the problems of imperfect top-level design of PPP law in China,legal vacancies in PPP,“leadership” in policy documents,and lack of corresponding regulatory agencies in China,a PPP legal system framework was constructed both vertically and horizontally,focusing on solving the problem of PPP legal vacancies.Improving the policy document review mechanism and establishing a special regulatory agency.In addition,in view of the fact that the current law in China lacks a clear definition of the nature of PPP project contracts,an analysis is made of how courts and parties determine the nature of PPP project contracts.The court can make claims on the nature of the PPP project contract based on the facts of the case.The parties can define the nature of the PPP project contract through the contractual dispute resolution method.When the judgment of the nature of the contract by the court is inconsistent with the nature of the contract claimed by the party,the court shall explain the matter to the parties and inform the parties of the judgment basis.On this basis,the division of liability for breach of contract was made according to the principle of liability for breach of contract corresponding to different property contracts.Finally,the author discusses the way,content and scope of setting the rights,obligations and force majeure clauses that affect the contract liability of contract liability for PPP projects.In the PPP project contract,the content of the rights and obligations clause should be clearly defined to avoid the use of vague terms.The agreement on force majeure events in the force majeure clause should be as detailed as possible.