Research On PPP Project Contract In China's Soil Pollution Control

In his report to the 19 th national congress of the communist party of China(CPC),general secretary xi jinping said that we must resolutely carry out the battle to prevent and defuse major risks,lift people out of poverty,and prevent and control pollution,so that the building of a moderately prosperous society in all respects will be recognized by the people and stand the test of history.Therefore,soil pollution control,as a branch of "three tough battles",has also been paid attention to at the national level.In order to solve the problem of shortage of funds in soil pollution control,it is the best choice to combine PPP projects,which is also a pioneering action under the environment of local government deleveraging and reducing local debt pressure.Due to the diversity of PPP projects,after the introduction of PPP projects in the process of soil pollution control,they can be divided into project company-type PPP projects and government-purchased PPP projects.When introducing PPP project into soil treatment,the first problem is the breach of contract and failure to perform.The original intention of the combination of soil pollution control and PPP projects is to rely on the market to complete the pollution control with the help of social capital,which is naturally profit-oriented.However,PPP projects of soil pollution control are mainly public welfare projects,which cannot attract a large amount of social capital due to low profit and large investment,and eventually lead to the expected default of social capital subjects.To solve this problem,we should first refer to the American superfund system and accelerate the legal system construction of China's soil pollution control fund.Secondly,while strengthening the transfer payment from the central government,we should protect the tax as the main body.After introducing PPP project into soil treatment,the legal relationship between contract subjects becomes complicated.Public law and private law are mixed behind the PPP project contract,which leads to the unclear distribution of responsibilities among the contract subjects,how to apply administrative responsibility and civil liability,etc.After introducing PPP project into soil treatment,the legal relationship between contract subjects becomes complicated.Public law and private law are mixed behind the PPP project contract,which leads to the unclear distribution of responsibilities among the contract subjects,how to apply administrative responsibility and civil liability,etc.In view of this problem,the author believes that we should learn from France to distribute legal responsibility in the form of contract,and at the same time the government should also strengthen the supervision of social capital.