Research On Civil Legal Liability Of PPP Project Contract

As an innovative mechanism in the development of the government public infrastructure service supply mechanism,PPP made government he monopoly of public infrastructure services to a provider initiator and regulators,social capital will also come in by virtue of the advantage capital,management and experience,which leads blending and multiple legal relationship in the field of administrative law and civil law.With the continuous development of China’s economy,PPP has been widely accepted by governments at all levels due to its own advantages and has developed rapidly,however,laws and regulations related to PPP are still lacking,and the existing departmental regulations and normative documents are not enough to solve many controversial problems encountered in practice.The reasons lie in that: At present,the research of the PPP in government parties and social capital in civil legal liability lacks,especially considering the government’s dual identity in the PPP,serving as both the administrators and the participants,if the civil law research of the government is unclear,it will lead to the confusion of administrative ACTS and civil behavior,in turn,unable to accurately define the specific behavior of legal responsibility,as a result,the legitimate rights and interests of social capital cannot be guaranteed,which is not conducive to the long-term development of PPP.As the main provider of funds,management and construction in PPP projects,social capital is of great significance to the implementation of PPP projects.Social capital needs to clarify the boundary of its rights and obligations in PPP projects and the accountability system,and then evaluate its rights,obligations and legal liabilities in PPP projects.It is of great significance to the promotion of PPP projects.Centering on the research core of civil legal liability in PPP contracts,this paper starts from the basic principle of PPP contracts,compares the civil and administrative attributes of PPP contracts,and then analyzes their legal nature.Based on this,this paper focuses on the demonstration of the rights and obligations of the subject of PPP contract and the attribution system,and puts forward suggestions on relevant relief approaches,mainly including the following parts:The first part is the basic principle of PPP contract,which mainly focuses on the concept,type,contract subject and PPP value.PPP value includes: Firstly,it will help reduce local government liability.Secondly,it will help promote the quality of public infrastructure services.The second part is the legal nature of the PPP contract,considering the government’s administrative management is indispensable,this article obtains from the difference between civil and administrative agreements,argues the dispute of the legal nature for the PPP contract,concluded that the PPP contract outside its franchise agreements is civil agreement which contains administrative factors,as the basis of the research of the rights and obligations of PPP contracts,the attribution system and the relief approach.The third part is the civil obligations of the subjects of PPP contracts.This part mainly studies the boundary of civil obligations between the government and social capital.Among them,the government’s obligations mainly include feasibility demonstration in the preparation stage,procurement organization review in the procurement stage and ensuring the fairness and justice of procurement results,policy guarantee in the implementation stage,payment on time and other obligations to ensure the smooth operation of PPP projects.The obligations of the social capital side mainly include the agreed obligations to ensure the smooth implementation of PPP projects in the pre-contract stage and contract performance stage.The fourth part is the PPP imputation system,which mainly focuses on the types of civil liability,imputation principle and liability undertaking of the government and social capital.The civil liability of the government mainly includes civil legal liability for breach of contract,tort and so on.Different principles of imputation should be applied according to different legal liabilities and corresponding legal consequences should be borne.The responsibility of the social capital types mainly include building liability,product liability,environmental pollution and so on tort liability and the contracting fault liability,invalid contract liability and liability for breach of contract,concurrence of civil liability,accompanying responsibility contract responsibility,according to different legal liability in accordance with the law shall be applicable to different imputation principles and bear the corresponding legal consequences.The fifth part is the relief way of the PPP project,based on the above of the PPP contract legal nature of the research conclusion,the research according to the civil relief and administrative remedy methods is based on the starting point of the PPP contract subject rights and interests guarantee and presents the relief way of the PPP project shall take civil relief,administrative relief is complementary relief way.