Research On Legal Liability Of PPP Contracts

under the influence of the Bretton Woods system with the United States as the center after World War II,the International Monetary Fund(IMF)and the World Bank(the world bank for short))When providing reconstruction loans to European countries after World War II,the government of European countries is required to reform the administrative mode,that is,to increase the intensity of marketization,privatization and financialization,referred to as SAP(structural adjustment program).In this context,European countries have reduced fiscal deficits,vigorously promoted the marketization of state-owned enterprises and the socialization of administrative functions,which gave birth to the birth of PPP mode.At the end of last century,BOT model(Build Operate Transfer),the predecessor of PPP,flowed into China,which provided new ideas for the construction of infrastructure and public services in China.But at the same time,we should also realize that as an imported project operation mode,China's operation mode can not be copied from foreign countries,which needs to be reformed in combination with China's national conditions,including the transformation of legal liability of PPP contract.First of all,the definition and classification of legal liability of PPP contract is the logical starting point to deconstruct and transform the legal liability of PPP contract in China.According to the main body division standard,the legal liability of PPP contract is divided into government responsibility,social capital responsibility and other institutional responsibility.On this basis,the characteristics and types of PPP contract legal liability are clarified and divided.Secondly,it analyzes the problems of legal liability of PPP contract in China.In order to achieve this goal,it is necessary to clarify why the legal liability of PPP contract should be set and protected separately.On this premise,this paper analyzes the problems of legal liability of PPP contract in China from the aspects of contract flexibility,responsibility matching and government vacancy.Thirdly,this paper studies the contract legal liability of developed countries of PPP in the world.Through the in-depth study on the establishment mode of PPP contract legal liability system in Germany,Britain,the United States and France,the beneficial experience of China's relevant system setting is extracted.Finally,on the basis of this study,the author puts forward some suggestions on the establishment of legal liability system of PPP contract in China.For example,the construction of social capital Party's supplementary responsibility,the promotion of government's administrative influence,the improvement of government's intervention right and the legal determination of the realization form of non litigation responsibility.