PPP协议的法律关系分析

Analysis of Legal Relation of PPP Agreement

PPP模式为公共服务提供准公共物品创造了一种新的途径,在模式构建中包含多个主体、多个合同以及多重法律关系。探讨合同性质,明确法律关系可以使PPP内部结构更加清晰,有助于确定权利义务的分配和责任的承担。此外,PPP是专为完成公益性项目所设计的结构,因此,"公益"的定位在项目选择过程中至关重要,既关系到政府权力的限制,也涉及项目整体的合法性。应该在合理的权限范围内允许公权力主体介入私权运行之中,通过协作互利的方式完成项目任务。

The PPP model creates a new way for public services to provide quasi public goods, including multiple subjects, multiple contracts and multiple legal relationships in model construction. Exploring the nature of contracts and making clear legal relations can make the internal structure of PPP clearer and help to determine the distribution of rights and obligations and the responsibility to undertake. In addition, PPP is a structure designed to complete public welfare projects so the ＂public＂ position in the project selection process is very important, which is related to limit the powers of the government and the legitimacy of the overall project. This article attempts to explain the above legal issues from the perspective of the combination of the people and the government, allowing the public power subjects to intervene in the operation of private rights within the reasonable scope of authority, and complete the project tasks through cooperation and mutual benefit.