Study On The Legal Application Of PPP Agreement Administrative Litigation

Public-private Partnership(PPP)is a public-private Partnership model of Public infrastructure and Public services,which plays a positive role in easing the financial pressure of the government and promoting government governance.In recent years,with the rapid development of China’s PPP model,the administrative litigation disputes of PP agreement arise.Clear application rules of administrative litigation law of PPP agreement are conducive to the proper settlement of disputes of PPP agreement,which is also a challenge in the development of the current PPP model.Paper respectively from the principle of legal application,operation present situation investigation,the application of the PPP protocol itself,the application of the administrative legal norms,civil legal norms for five aspects discusses the rules of the applicable law of administrative action,the PPP protocol designed to optimize the PPP protocol of administrative litigation law applicable rules in our country,promote the development of China’s PPP pattern specification.The first part of the paper is to discuss the application principle of the PPP agreement administrative litigation law,including the connotation of the PPP agreement,the concept and particularity of the application of the PPP agreement administrative litigation law,and the four important functions of the PPP agreement administrative litigation law system.The second part investigates the operation status of the application of PPP administrative litigation law from the perspectives of normative analysis and empirical analysis.The normative analysis part analyzes the provisions of current legal norms on the application of law in administrative litigation,and the empirical analysis part investigates the application of law in 23 samples of judgment documents.Then,based on the analysis results,the paper puts forward the main problems in the application of PPP agreement administrative litigation law,including that the application system of PPP agreement itself has not been constructed,the legal path for the application of administrative law standard is not clear,and the conditions and methods for the application of civil law standard are not perfect.According to the research results of the second part,the last three parts of the paper focus on the possible paths of theoretical innovation and system improvement.In terms of the application of PPP agreement in administrative litigation,this paper not only analyzes the reasons for the application of PPP agreement itself,but also proposes the core mechanism and supporting system for the application of PPP agreement itself.In the PPP protocol administrative legal norms for the administrative litigation,the first has been clear about the administrative legal norms applicable status,then respectively for the PPP protocol in the administrative litigation law,regulations and other normative documents applicable scope are discussed,finally studied in administrative legal norms conflict should be the problem of how to choose the applicable law.In terms of the selection and application of the civil legal norms in the administrative litigation of PPP agreement,this paper expounds the legitimacy of the application of the civil legal norms,probes into the limitation of the application of the civil legal norms,and proposes four methods of the application of the civil legal norms.