| The validity of PPP contracts is the primary premise for the trial of PPP contract cases.The Supreme People’s Court issued the Provisions on Several Issues concerning the Trial of Administrative Agreement Cases,recognizing PPP contracts that meet certain conditions as administrative agreements,which proposed a new standard for the judicial review of the validity of PPP contracts.However,in the process of judicial review of PPP contracts,there are different opinions on whether they are invalid in theory and practice.The Supreme People’s Court a company v.funan county government administrative agreement dispute about whether the PPP contract invalid review of typical cases,which many view as provides reference to similar cases in the future,through the analysis of the specific case helps to further understand the PPP contract effectiveness of judicial review to the specific circumstances.This case study is mainly divided into four parts.The first part briefly introduces the basic situation of the case,extracts the three main dispute points of the validity of the agreement between the two parties,and makes a brief introduction and analysis respectively in the following chapters.The second part,through PPP field standardization and operation model analysis,combined with the specific dispute reasons involved in the operation mode,it is concluded that the project operation dispute in PPP contract does not constitute the contract invalid;The third part,combing the background of THE PPP project and its basic situation,combined with the SITUATION of the WITHDRAWAL of THE PPP project database and legal consequences,analyzes that the withdrawal of THE PPP project will not lead to the invalid contract;In the fourth part,the government’s payment obligation agreed in the PPP contract involved must be guaranteed by inclusion in the budget.According to the financial budget management provisions of PPP projects and the specific situation of inclusion in the budget of the PPP project involved,it can be inferred that the violation of the rigid principle of the Budget Law does not necessarily lead to the invalidity of the contract.For disassembling the dispute focus to the case,can be extracted for the PPP protocol common rules for judicial review,judicial review rules about whether PPP contract invalid should firmly grasp the "administrative procedural law" the 75 th and the civil code to determine the contract invalid legal situation,in order to avoid negative effectiveness at agreement,The effectiveness of PPP contracts should be judged by considering whether it reaches the level of "significant and obviously illegal" and applying the standard of "mandatory provisions" of civil law. |
