Research On The Legal Nature Of PPP Project Contracts

The PPP model can help the government to solve problems in public infrastructure,public services and products,as well as to encourage social capital to play its capital and technology advantages in the field of public utilities and infrastructure.It can be seen that the PPP mode is of great value and significance to the innovative service management of public services in China.At present,in the specific operation of the PPP model,there are many disputes about the quality of the PPP contract in our country,which not only involves the legal theory,but also the legal practice,the legal status of the government and the social capital providers,the division of the rights and duties and responsibilities,and the application of the relief mode.By introducing the basic concept of PPP,the article expounds the concept and function of PPP model,and introduces the concept of PPP project contract and the system of PPP project contract,then analyses the theoretical basis of the legal nature of the contract of the PPP project,and expounds the two aspects of the theory of public interest and the theory of privatization,and then the PP The qualitative predicament of the P project is analyzed,mainly from the particularity of the subject,object and content of the contract,and the three theoretical differences of the administrative contract,the civil contract and the mixed contract are separately evaluated and analyzed.Finally,the author agrees with the qualitative analysis of the administrative contract of the PPP project contract.From the two aspects of rationality and necessity,it proves this view,and puts forward reasonable suggestions for improving the legal system of PPP project contract after administrative contract.