公私合作中政府介入权的性质及其规制
发布时间：2018-08-19 20:37
【摘要】：指出公私合作(PPP)中政府方在项目执行阶段享有介入权,根据"二阶段理论"对公私合作性质的分段处理,项目执行阶段受民事法律调整,其与政府介入权明显的行政性存在巨大分歧特点,认为对公私合作中政府介入权性质的分析,应基于其行政性,严格规范其行使的条件和程序,并通过行政复议或诉讼的途径寻求救济。
[Abstract]:It is pointed out that in (PPP), the government has the right to intervene in the stage of project implementation, and according to the "two-stage theory" to deal with the public-private partnership, the implementation stage of the project is subject to civil law adjustment. There are great differences between it and the obvious administrative nature of the government intervention power. It is believed that the analysis of the nature of the government intervention power in public-private partnerships should be based on its administrative nature and strictly regulate the conditions and procedures for its exercise. And through the administrative review or litigation channels to seek relief.
【作者单位】： 福州大学法学院;
【分类号】：D922.2;F283
，
本文编号：2192766
[Abstract]:It is pointed out that in (PPP), the government has the right to intervene in the stage of project implementation, and according to the "two-stage theory" to deal with the public-private partnership, the implementation stage of the project is subject to civil law adjustment. There are great differences between it and the obvious administrative nature of the government intervention power. It is believed that the analysis of the nature of the government intervention power in public-private partnerships should be based on its administrative nature and strictly regulate the conditions and procedures for its exercise. And through the administrative review or litigation channels to seek relief.
【作者单位】： 福州大学法学院;
【分类号】：D922.2;F283
，
本文编号：2192766
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