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《Journal of Shanghai Jiaotong University(Philosophy and Social Sciences)》 2013-05
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Type of Public-private partnership Contract Empowerment and Judicial Remedies——From the Perspective of the Right to Charge for Public Utility

YU Qing-song;Law School,Southeast University;  
The public-private partnership is the institutional arrangement of public utilities in public-ownership marketization.The public-private partnership between administrative organization and private organization is based on utility charges.The right of private organizations to charge is an authorization and concession granted by the executive authorities.The public-private partnership contract is not an independent behavior in the administrative process,but the carrier of authorization or concession.Based on the public-private partnership contract,the administrative organization and the private organization form an administrative law relationship.Legal disputes between them are applicable to the Administrative Procedure Law relief.Based on the authorization and concession,the private organization and the user respectively form an administrative legal relationship and a civil law relationship,and apply to administrative remedies and civil remedies.
【CateGory Index】: D922.1
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