论我国PPP协议中公私法律关系的界分

The Distinguishment of Public-Private Legal Relations in PPP Agreements

PPP协议的法律问题伴随着我国主推PPP模式而产生,然而我国PPP协议的出现也导致了理论与实务中对公私法律关系认知的模糊、界分的困难及争议解决方式的争论不休,同时也导致了若干学术概念的混同。以PPP协议法律问题中首先需要清楚认识公私法律关系的界分为主题,针对我国最高法院相关的判例所呈现出的问题,分析我国PPP协议在公私法律关系界分中的问题,提出构建我国PPP协议公私法律关系界分模式的建议,在当前具有实际意义。

The legal issues of Public-Private Partnership（PPP） agreements are accompanied with the development of PPP pattern in China. However, the emergence of PPP agreements leads to the ambiguity of Public-Private legal relations, the difficulty in distinguishing public-private legal relations as well as the debate on dispute resolution, both in theory and practice. Furthermore, there is confusion about a number of academic concepts. This paper takes the main subject that is to distinguish public-private legal relations in PPP agreements. References of foreign experience and relevant cases in China are used to analyze the boundary of public-private legal relations in PPP agreements. Then I put forward some suggestions on how to distinguishbetween the public legal relations and private legal relations in PPP agreements of China.