Research On The Legal Nature Of PPP Agreements

The PPP model has played a considerable role in exerting the advantages of government departments and inspiring the enormous potential of social capital.Among them,it is the PPP agreement that forms a new legal relationship between public law and private law,and the private sector participates in the realization of government public service functions.The PPP agreement not only maps the relationship between the public and private sectors for the sale and purchase of public services,but also the regulatory and regulated relationship between the private sector as producers and operators and the public sector as the regulator of public service markets..In order to attract more private capital into the PPP project,it is necessary to provide a reasonable and fair solution to the disputes that may arise in the PPP project,so as to relieve the private investors from worries.However,limited by the inherent tension between reform and innovation and legislative lag,the supply of public-private partnership legal system is seriously insufficient.The theoretical nature of the existing PPP agreement is bound to lead to the distribution of rights and relief in practice.Difficulties,this state is not conducive to the stable operation and long-term development of PPP projects.To achieve the successful operation of the PPP project is inseparable from the good foundation of the legal framework of the PPP agreement.At present,the identification of the legal relationship between public law and private law involved in the PPP agreement has been debated in China's academic circles and practice.Therefore,the public and private law attribute problems and dispute resolution methods of the PPP agreement are still a very confusing issue.The first reason is that the core characteristics of the PPP agreement and its public-private dichotomy are still unclear in China's academic system.Second,the related practical issues involved in the administrative agreement are still in the exploration stage in legislation and justice.Based on this situation,this paper only discusses the legal nature of PPP agreement,combines the basic concept of PPP agreement with China's exploration,and clarifies the concept and legality of PPP agreement in Chinese context.The status quo of practice makes a historical investigation on the definition of the legal nature of China's PPP agreement;based on the real dilemma of the current legal definition of PPP agreement,analyzes the three theories and points out the crux of the problem;at the same time analyzes the practice and enlightenment of the definition of the legal nature of PPP agrreement,The definition of the legal nature of the PPP protocol is deeply analyzed and reconstructed,and then the normative path defining the legal nature of the PPP agreement in China is explored.This will help to create more incremental benefits on the PPP project,take into account public and private interests,follow the principle of cooperation and win-win,and finally promote the fairness of incremental interests and development benefits,and realize the freedom of development of PPP projects.