Study On The Legal Risk Prevention Measures Of PPP Project Contract

At present,the relevant laws and regulations on PPP model in China are not perfect,and the practical experience of identifying and preventing project risks are insufficient,which brings great pressure to local governments and social capital parties in carrying out PPP projects.PPP project contract,as the foundation and core of the PPP contract system,is the bond of long-term cooperation between the government and social capital.How to reasonably set up the terms of the PPP project contract and how to standardize the proper performance of the contract has become a problem that the government and social capital attach great importance to.This paper studies the identification,causes and preventive measures of the legal risks of PPP project contract based on the relevant theories and legal norms of PPP and contract law.Firstly,the research object of this paper is PPP project contract,and the core concept of legal risk of PPP project contract is defined.Secondly,analyzing and identifying the legal risks existing in the signing,performance and dispute resolution of the PPP project contract by searching the typical cases brought to court,such as unclear contract agreement,breach of contract,invalid,early termination and other risks by PPP project contract disputes in recent years.Also,exploring the causes of the above legal risks arising from PPP project contracts.Thirdly,drawing on the excellent experience of the PPP model of extraterritorial countries,this paper puts forward some suggestions on the prevention of legal risks of PPP project contracts in China,such as through making PPP special law,strengthening the rigid restraint of model text of PPP project contract,carrying out the principle of risk sharing PPP the whole process of making law,perfecting the relevant legislation of PPP project contract in our country;the article of preventing legal risk in PPP project contract is refined by setting up the flexible clause of PPP project contract reasonably,focusing on protecting the rights and interests of social capital and constructing perfect contract dispute resolution mechanism when drafting PPP project contract;through the establishment of periodic review mechanism and supervision mechanism to improve the supporting system of PPP projects,in order to better prevent the legal risk of PPP project contract.The paper has 2 figures and 51 references.