Public-private partnership bet365 bonus code pa in administrative litigation，“The bet365 bonus code pa itself shall be applied by reference” means that the people’s court will use an bet365 bonus code pa that has been reviewed as legal and valid as a reference for the application of law。Compared with the application of general administrative litigation laws，The application of law in public-private partnership bet365 bonus code pa cases is complex，It is not only necessary to combine public law rules and private law rules，And there is an important issue to consider，That is, why the public-private cooperation bet365 bonus code pa can be used as a reference for legal application，and how it should be applied in practice。

　　“The contract is the bet365 bonus code pa of both parties”

To explore the reasons why public-private cooperation agreements can be used as a reference for legal application，Must be combined with the legal nature of the bet365 bonus code pa、Situation of such dispute resolution、Comprehensive analysis of legal applicable rules in administrative bet365 bonus code pa cases。

First, it is consistent with the legal characterization of the public-private cooperation bet365 bonus code pa as having both administrative law and civil law properties。current，As for the nature of the public-private partnership bet365 bonus code pa，Mainly speaking of civil contracts、Administrative bet365 bonus code pa、Hybrid bet365 bonus code pa theory and other theories。If the public-private partnership bet365 bonus code pa is defined as a civil contract，Private laws such as contract law shall apply；If it is characterized as an administrative bet365 bonus code pa，Then administrative law and other public laws shall apply。In fact，Public-private partnership bet365 bonus code pa is an administrative bet365 bonus code pa with civil elements，Its administrative law nature dominates，But it also has the nature of civil law。Therefore，Administrative law rules should mainly apply to such agreements、Partially applicable private law regulations，And such agreements themselves may be referred to and applied in administrative proceedings。

The second is to bridge the differences in the application of law in disputes over public-private cooperation agreements。Public-private cooperation can introduce market mechanisms，Promote the public interest，But it may also cause various bet365 bonus code pa disputes。This includes disputes over the illegal exercise of administrative rights，Including government or social capital default disputes，There may also be other civil or criminal disputes。Currently，Disputes over different types of public-private partnership agreements，Judiciary agencies have differences in the application of the law。Some courts have ignored that "a contract is the law of both parties"，The public-private partnership bet365 bonus code pa itself is not used as a reference for dispute resolution。This is actually not conducive to substantively resolving administrative disputes。

The third is the practice of promoting the development of legal application rules in administrative bet365 bonus code pa cases。In practice，Due to changes in administrative activities，Laws and regulations cannot specify the legal application of all behaviors in detail。The lack of laws and regulations，Add the characterization of public-private partnership agreements in ministry regulations、There are constant disputes over dispute resolution methods and other issues，The application of the law is even more inconsistent。Although the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative bet365 bonus code pa Cases" stipulates the reference application status of civil legal norms，But it is not clear whether and how the bet365 bonus code pa itself can be applied。In order to meet the practical needs of the development of legal application rules for administrative bet365 bonus code pa cases，The public-private partnership bet365 bonus code pa should be used as a reference for legal application。

　　Pay attention to three considerations

一，Must comply with the value orientation of building a legalized business environment。We must build a legal business environment，The key is to comprehensively build a rule of law government，The core is to effectively exert judicial power to supervise administrative power。Whether it is administrative actions in the public-private partnership bet365 bonus code pa，It is still about the administrative commitments such as tax incentives made before signing the contract，All should be subject to judicial review。As an important way to optimize the business environment，The public-private cooperation bet365 bonus code pa not only solidifies the autonomy of public and private subjects，It is also a contractual expression of the State Council’s “Regulations on Optimizing the Business Environment” and other regulations。In order to supervise the government’s implementation of the public-private partnership bet365 bonus code pa，To achieve the goal of optimizing the business environment，The public-private partnership bet365 bonus code pa itself, the “law of both parties”, should be used as a reference for judicial review。

　Second，Must have the legality and legitimacy of the bet365 bonus code pa。For the parties involved，Public-private cooperation bet365 bonus code pa is an bet365 bonus code pa with a legal source，It is an bet365 bonus code pa obligation that must be fulfilled，Respective obligations should be fully and correctly performed in accordance with the bet365 bonus code pa，Otherwise, you shall be liable for breach of contract。But，The bet365 bonus code pa is not the law of the country after all，The "law" of "contract is law" and "administration according to law" are not the same thing，“Agreements must be observed” does not mean that all agreements must be observed，We should consider whether the bet365 bonus code pa itself is legal and legitimate。Only the public-private partnership bet365 bonus code pa itself meets the requirements of the principle of legal priority and the principle of legal reservation，Also accept the constraints of the principle of rationality，This bet365 bonus code pa can be used as a basis for reference。If the public-private partnership bet365 bonus code pa is illegal and invalid，or coercion、Fraud、Major misunderstanding、Cancellable circumstances such as apparent unfairness，As well as agreed and statutory termination situations，This bet365 bonus code pa cannot be used as a basis for reference。

　Third，The protocol itself must be strengthened to refer to the applicable priority。The application of law in administrative litigation cases under public-private partnership agreements actually forms the "priority application of administrative law"、Civil law applies with reference、The protocol itself refers to the unique structure of "applicable"。However，The issue of the order in which the reference application of the bet365 bonus code pa itself should be placed has not yet been resolved。According to administrative legal principles，Administrative laws and regulations above regulations shall be applied first，And must apply because of its mandatory binding force；Civil legal regulations must not violate the basic principles of administrative law，Apply conditionally；For legal and valid public-private partnership agreements，The court should refer to and apply，And serve as the basis for the referee’s reasons。From the perspective of the autonomy principles of "bet365 bonus code pa takes precedence" and "contract covers the law"，The reference application of the bet365 bonus code pa itself should take precedence in order。

　　Construction of specific rules

First，Establish the contractual review principles applicable to the bet365 bonus code pa itself。Under judicial review of public-private partnership bet365 bonus code pa，Only applying the legality principle of ordinary administrative litigation can no longer satisfy the dual nature of the bet365 bonus code pa and the complexity of the disputes。Therefore，Except in accordance with the law、Regulations，Refer to regulations and other normative documents for the legality of public-private partnership agreements、Beyond reasonableness review，The principle of contractual review can also be introduced。So-called contractual review，That is, the People’s Court’s review based on the bet365 bonus code pa reached by both parties。Among them，Some agreements come directly from the law、Provisions of laws and regulations，It is a refinement of administrative legal norms；Some agreements come from the bet365 bonus code pa between the parties，Although there is no direct legal basis，However, the premise that the bet365 bonus code pa itself is applicable is that the bet365 bonus code pa is legal and valid。Therefore，Contractual review is also a legality review in a sense，Of course this does not negate the relatively independent status of the principle of contractual review。For this，In Administrative Litigation on Public-Private Partnership bet365 bonus code pa，Not only requires the application of administrative laws and regulations on the behavior of administrative agencies exercising administrative rights and non-performance in accordance with the law、Conduct legality review for failure to perform as agreed，And ask around the plaintiff’s claims，Use the legal and valid government-social capital cooperation bet365 bonus code pa itself as a reference for contractual review of the behavior of both the government and social capital。

Secondly，Refer to the applicable ordering rules for establishing the protocol itself。To ensure that the PPP bet365 bonus code pa itself refers to the priority status applicable，Suggested legislative provision: “When the People’s Court hears a public-private cooperation bet365 bonus code pa，Legal and valid agreements shall be given priority；If the bet365 bonus code pa is illegal、Invalid、Revocable or pending validity，Administrative laws and regulations shall be given priority；As long as it does not violate the basic principles of administrative law，You can refer to applicable civil legal regulations。”This provision not only fully respects the consensus of both parties，Can solve the problem of the status and order of reference application of civil legal norms，And it can handle the relationship between the two priority applications (that is, the relationship between the reference application of the bet365 bonus code pa itself and the priority application of administrative legal norms)。The reason is，Although the reference application of the public-private partnership bet365 bonus code pa itself and the priority application of administrative legal norms are both "priority application" relationship，However, the priority objects of the two "priority applications" are different: the former only targets civil legal norms，The latter targets not only civil legal norms，And covers administrative legal regulations。Depending on the size of the object，Among the two "priority applicable"，Obviously the reference application of the bet365 bonus code pa itself takes precedence over the priority application of administrative law regulations。

Finally，Improving the bet365 bonus code pa itself with reference to applicable judicial support mechanisms。References to the PPP bet365 bonus code pa itself apply，Except for the establishment of legislative system，The corresponding judicial support mechanism still needs to be improved。First, improve the corresponding case guidance system。To solve the problem of different verdicts for the same case，Typical public-private partnership bet365 bonus code pa cases should be announced promptly，Refer to the applicable referee rules to refine the bet365 bonus code pa itself。The second is to strengthen the supervision mechanism of superior courts。Legal issues in the trial of public-private partnership bet365 bonus code pa cases，The higher court should urge self-examination、Correct the normalized case supervision mechanisms such as retrial procedures，Maintain judicial credibility。The third is to build a horizontal cooperation mechanism between governments and institutions。The judicial authorities should strengthen cooperation with administrative authorities，Proactively integrate local legislation on government-private cooperation agreements、Normative documents and bet365 bonus code pa text，Focus on completing the shortcomings of the rule of law applicable to the bet365 bonus code pa。The fourth is to build a joint punishment mechanism for dishonesty。For example，It can be clarified that judicial organs will not make judgment documents online within the specified time、The judiciary’s serious failure to refer to the applicable bet365 bonus code pa itself should be considered an act that damages the credibility of the judiciary，Judicial disciplinary measures or administrative sanctions can be implemented against relevant responsible persons in accordance with the law。

　　(This article is a phased result bet365 bonus code pa National Social Science Fund general project "Research on Judicial Review Issues in Government-Private Cooperation Agreements" (18BFX055)

(The author is a professor at the School of bet365 bonus code pa and Politics, Nanjing University of Technology)