Public and Private Cooperation Agreement Administrative Litigation，"The agreement itself references to applicable" refers to the reference basis for the people's court to review the legal and valid agreement of the law as a reference.。Compared with the application of general administrative litigation laws，The application of the law of the public and private cooperation agreement is applicable with complexity，Not only requires composite to apply public law rules and private law rules，And need to consider an important question，That is why the public -private cooperation agreement can be used as a reference basis for law，and how it should be applied in practice。

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It is necessary to explore the reason for the application of the public and private cooperation agreement as a reference basis for the law，It must be combined with the legal nature of the agreement、Solving such disputes、A comprehensive analysis of the laws of the law of the CPPCC to comprehensively analyze。

The first is the legal qualitative of the public -private cooperation agreement with the nature of administrative law and civil law。Current，The nature of public -private cooperation agreements，Mainly there is a civil contract saying、Administrative Agreement said、hybrid protocol theory and other doctrine。If the public -private cooperation agreement is defined as a civil contract，The contract law should be applied to private laws;，then public law should be applied to administrative law。In fact，Public and private cooperation agreement is an administrative agreement with civil factors，The nature of its administrative law is dominated，but also has the nature of civil law。So，For this kind of agreement、Partial applicable private law specifications，And this kind of agreement itself can be used in administrative lawsuits。

bet365 Play online games Second is the differences in the law of the law of disputes over the public and private cooperation agreement。Public and private cooperation can introduce market mechanisms，Promoting public interests，But it may also breed all kinds of agreement disputes。Among them, it includes disputes in the exercise of illegal rights of administrative preferential benefits，Including government or social capital default disputes，There may also be other civil or criminal disputes。Current，Disputes of different types of public and private cooperation agreements，There are differences in the application of judicial organs。Some courts ignore the "contract is the law of both parties"，No reference basis for the resolution of the public and private cooperation agreement itself。This is actually not conducive to substantial resolution of administrative disputes。

Third is the practice of the development of the law of the law of the CPPCC.。In practice，Due to changes in administrative activities，Laws and regulations cannot apply detailed provisions of all acts of law。Lack of laws and regulations，Plus the qualitative of the Ministry of Regulations on the public -private cooperation agreement、Dispute solutions and other issues such as continuous disputes，The application of the law is even more sincere。Although the "Provisions of the Supreme People's Court on Several Issues on Trial Consultation of the Political Consultative Conference" stipulates the reference status of civil law specifications，But there is no clear agreement itself and how to apply it。In order to meet the practical needs of the development of the laws of the law of the CPPCC，Public -private cooperation agreement should be used as a reference basis for law。

　　Pay attention to the factors of three points 

One，The value orientation of the construction of the business environment of the rule of law。To build a business environment for rule of law，The key is to build a government -rule government in an all -round way，The core is to effectively give play to the supervision of the administrative power of judicial power。Bet365 app download Regardless of the administrative behavior in the public -private cooperation agreement，It is still administrative promises such as tax discounts made before signing the contract，All judicial review should be accepted。As an important way to optimize the business environment，Public and private cooperation agreement is not only the solidification of autonomy of the intention of public and private subjects，It is also a contract expression on the laws and regulations of the State Council ’s“ Optimized Business Environment ”。In order to supervise the government's agreement to implement the public and private cooperation agreement，Then achieve the goal of optimizing the business environment，The "law of both parties" should be used as a reference basis for judicial review.。

Its two，It must have the legitimacy and legitimacy of the agreed applicable。For the parties，Public and private cooperation agreements are the agreement with the nature of the law，It is an agreement obligation that must be fulfilled，It should fully and correctly fulfill their obligations in accordance with the agreement，Otherwise, it should be liable for breach of contract。but，Agreement is not national law after all，"Law" of "Contracts" and "Administration in accordance with the law" cannot be the same.，"Agreement to follow" does not mean that all the protocols should abide by，Instead。Only the public and private cooperation agreement itself meets the requirements of the principle of priority and the principle of legal reservation，At the same time, it also accepts the constraints of the principle of rationality，This protocol can be used as a basis for reference。If there is an invalid situation in the public and private cooperation agreement，or coercion、Fraud、Major misunderstanding、Apparently equal recoveable situation，And the agreement and statutory lifting situation，This protocol cannot be used as a basis for reference。

Its three，It must be strengthened by the agreement itself.。The law of administrative litigation cases in the public and private cooperation agreement is actually bet365 best casino games formed.、Civil Law refer to applicable、Apine structure of the agreement itself refer to "。But，The reference application of the agreement itself should not be solved in what order should be。According to administrative jurisprudence，Administrative law specifications above the regulations should be preferred，and must be applied due to its mandatory binding force; civil legal norms must be on the premise that it does not violate the basic principles of administrative law，Applicable conditions; for legal and effective public and private cooperation agreements，The court should refer to application，and the basis for reasons for referee。From the meaning of the meaning of autonomy of "agreed first" and "contract coverage law"，The reference of the agreement itself should be preferred in the order。

　　Construction of specific rules 

First，Establish the agreement itself refer to the applicable contractual review principles。In the Judicial Censo of the Public and Private Cooperation Agreement，Only applicable to the legitimacy principle of ordinary administrative litigation can no longer meet the duality of the agreement and the request for the complexity of their disputes。So，Except for law、Regulations，Reference to the legality of the public -private cooperation agreement with reference to the rules and regulations and other standardized documents、Reasonable review，You can also introduce contract review principles。The so -called contract review，That is, the people's court takes the agreement reached by the parties as the reference.。where，Some agreement directly comes from the law、Regulations on regulations and regulations，is the refinement of administrative laws;，Although there is no direct legal basis，But the agreement itself refer to the premise of applicable is that the agreement is legal and valid。So，Contract review is the legitimacy censorship in a sense，Of course, this cannot deny the relatively independent position of Bet365 lotto review the principle of contract review。For this，In the administrative lawsuit of the public and private cooperation agreement，Not only requires the application of administrative law specifications to the exercise of administrative premium rights and performing behaviors、Legal review of not performed in accordance with the agreement，and requires the lawsuit of the plaintiff，The legitimate and effective government and social capital cooperation agreement itself is the reference basis for the contract of the government and the social capital.。

Next，Establishing an agreement itself refer to the applicable order rules。In order to ensure that the public -private cooperation agreement itself refers to the applicable priority position，Suggestion legislative regulations: "When the people's court is hearing the public -private cooperation agreement，It shall give priority to the appointment of legal and valid agreement; if there is a violation of the agreement、Inferred、Cost or validity to be determined，prioritize administrative legal norms; in the case of not violating the basic principles of administrative law，You can refer to the applicable civil law specifications。"" "This provision can not only fully respect the consensus of the two parties，Can solve the applicable status and order of civil law，And can handle two relationships that are preferred (that is, the reference application of the agreement itself is applicable to the relationship between the priority application of administrative law)。The reason for the middle edge is，Although the reference application of the public and private cooperation agreement itself is the "priority application" relationship with administrative legal norms，But the priority of the two "priority applications" is different: the former target is only civil law specifications，The target of the latter not only includes civil law specifications，and covering administrative legal specifications。Depending on the size of the object，Among the two "priority applications"，Obviously the agreement itself is more preferred than administrative law specifications.。

Last，Improve the agreement itself refer to the applicable judicial support mechanism。Bet365 lotto review Reference for the public -private cooperation agreement itself，Except for the establishment of the legislative system，It also needs to improve the corresponding judicial support mechanism。The first is to improve the corresponding case guidance system。To solve the problem of different judgments of the same case，Cases of typical public -private cooperation agreements should be announced in time，Refine agreement itself refer to the applicable referee rules。The second is to strengthen the supervision mechanism of the higher court。Legal issues in the trial of the public -private cooperation agreement，higher courts should pass supervision of self -examination、Normal case supervision mechanisms such as retrial procedures are corrected，Maintenance of judicial credibility。Third is to build a horizontal cooperation mechanism between the courtyards。The judicial organs should strengthen cooperation with administrative organs，Active combination of legislation on the cooperation agreement on government and social capital cooperation in the region、Specific documents and protocol texts，Focusing on the shortcomings of the rule of law in the application itself。Fourth is to build a joint disciplinary mechanism for dishonesty。For example，It is clear that the judicial organs do not realize the referee document online、Judicial organs seriously do not refer to the application agreement itself, etc.，It can implement judicial punishment measures or administrative sanctions on the person in charge of the responsible in accordance with the law。

　　(This article is the Study of the Judicial Review of Government and Social Capital Cooperation Agreement "(18BFX055) phased achievement)

(The author is a professor at the School of Law and Government of Nanjing University of Technology)