On the Legal Nature of PPP Contract and Its Relief Mechanism in China
The legal nature of PPP contract is very important for the litigation settlement of PPP dispute.At present,there is no uniform conclusion on the nature of PPP contract in China.In the context of the national policy of streamline administration and institute decentralization,side supply reform and the transformation of government functions,the Ministry of Finance and the NDRC have identified PPP contract as a civil contract,and proposed that the PPP contract dispute between government and social capital should be settled through civil litigation.While the newly revised Administrative Procedure Law put the PPP contract disputes into the scope of administrative agreements,and it is the social capital party who should bring an administrative suit so as to solve disputes.In the case of conflict between national policy and legal system,the legal cost-benefit theory should be adopted to define the nature of the two contracts from the perspective of law and economics,and then choose different litigation relief mechanism accordingly.
PPP contract Legal nature Civil action Administrative litigation
LIU Yu-juan WU Wei-jun
School of Political Science and Public Administration,University of Electronic Science and Technology of China,Chengdu,P.R.China,611731
国际会议
加纳
英文
841-847
2017-11-01（万方平台首次上网日期，不代表论文的发表时间）