Research On The Legal Nature Of PPP Project Contracts

The main purpose of PPP mode which originated in the United Kingdom is to finance infrastructure in the beginning,and then gradually covers most public goods or services.Since 1994,Chile,Portugal and other countries have introduced PPP mode which is widely popular with the development of economic globalization.In our country,financial investment is inefficient and construction management is at bad level.But PPP mode has a major part to play in improving the efficiency of project investment and the sustainability of public finance,promoting the adjustment of local government debt structure and so on,so all sides pay attention on it.But PPP mode is still at the initial stage in China,related theories and methods are not mature.The contractual relationship plays a very important role in PPP mode,and PPP project contract is the most important in PPP contract system.On the one hand,rational orientation and clarification of the legal nature of PPP project contract can promote the perfection of PPP mode,the legal nature of PPP project contract has a real impact on contract principles,remedial method,orientation of the government's role and so on.On the other hand,it is beneficial for protecting the legitimate rights and interests of project partners,increasing the enthusiasm of participating in public construction projects and promoting the government and social capital to let each person do his best to achieve the optimal allocation of social resources.Thus,the legal nature of PPP project contract is the fundamental problem in PPP mode and the systematic study should be carried out on the legal nature of PPP project contract.This paper firstly introduces and analyses three main academic views:administrative contracts,civil contracts and mixed contracts,and then summaries the focus of controversy.It focus on the purpose of PPP project contract for administration or cooperation and whether the legal status of the parties to PPP project contract is completely equal or not.Secondly,the legislation situations of PPP project contract in Britain,France and Taiwan are inspected and we can take the foreign legislative experiences for reference.Thirdly,the legal nature of PPP project contract is emphases discuss in this paper.In this part,it not only analyzes the civil law attribute and administrative attributes of PPP project contract but also discusses the meanings that PPP project contract is defined as mixed contracts.According to these studies,suggestions are made for the legal nature of PPP project contract.Finally,on this foundation,legal suggestions are put forward for perfecting remedial method,appropriately positioning the government's role and clarifying contract principles.In discussion of perfecting remedial method,it makes an analysis on the dispute settlement system of PPP project contract in our country and presents ways to perfect the system;In analyzing of appropriately positioning the government's role,it not only points out the importance of clearly defining the right and obligation of the government but also properly allocates authorities;In introduction of clarifying contract principles,the legislation of PPP mode is restrained by public law principles and principles of private law.This paper agrees with mixed contracts.PPP project contract is the mixed contract,cross the civil law attribute and administrative attributes reflected.