论文部分内容阅读
在公私合作关系中,相对于私人一方而言,政府的信用更为关键,因为无论是公私合作关系的启动、双方权利义务的确立以及合作协议的最终达成,政府在其中均起主导性作用,政府信用是公私合作的重要基础。公私合作协议不是典型的行政行为形式,但其中蕴含的行政权属性,决定其在行政法范围内进行探讨既是可能的,又是可欲的,而适法承诺的失信和违法承诺的失信可作为分析公私合作中政府信用缺失法律对策的理想框架。
In public-private partnerships, the government’s credit is even more crucial than that of the private party because the government plays a leading role both in the initiation of public-private partnerships, in the establishment of the rights and obligations of both parties and in the finalization of cooperation agreements, Government credit is an important foundation for public-private cooperation. Public-private partnership agreement is not a typical form of administrative behavior, but the administrative power inherent in it determines that it is both possible and desirable to discuss it within the scope of administrative law. However, untrue promises of unwise promises and untrustworthy promises of unlawful acts may serve as An Analysis of the Ideal Framework for Legal Countermeasures against the Lack of Government Credit in Public-Private Partnerships.