Study On The Legal Regulation Of Governments Default Risk In Ppp Project Contract Fulfillment

PPP is an innovative mode for social capital to participate in public service.In thecontext of optimizing the business environment,government performance in good faith is essential to motivate social capital to participate in PPP projects.In PPP project,the government and social capital make clear the relationship of rights and obligations by signing PPP project contract,so that both sides can exercise rights and fulfill obligations in accordance with the contract,and ensure the smooth implementation of PPP project.However,after some PPP projects were signed,due to the influence of subjective or objective factors such as the government’s lack of awarenessof performing contracts in good faith and changes in legal policies,the PPP projectcontracts could not be performed,which led to the event of the government’s breach of contract,for the PPP project to get off the ground.Therefore,it is necessary to further strengthen the construction of government credit system,improve the government credit performance mechanism,continuously optimize the PPP development environment,and protect the legitimate rights and interests of social capital.This paper uses inductive analysis,comparative analysis,Case Analysis to study the legal regulation of the risk of government’s breach of contract in PPP project.Through combing relevant cases,this paper analyzes the concrete manifestation of the government’s breach of contract in PPP project implementation,and sums up the causes of the government’s breach of contract,at the same time,this paper compares the practices of the United Kingdom,Canada and Australia in terms of contract design,project responsibility allocation,project risk sharing,default responsibility.On this basis,combined with China’s actual situation,it is suggested that the government responsibilities in PPP projects should be clearly defined,the contract terms of PPP projects should be well designed,the mechanism for keeping promises by the government in PPP projects should be improved,and the mechanism for holding the government responsible for breach of contract in PPP projects should be improved,creating a good environment for the sustainable and healthy development of PPP.