因政府方原因导致PPP项目无法按期开始运营的赔偿问题研究

对于因政府方原因导致项目无法按期开始运营的赔偿问题,首先,基于156号文分析导致PPP项目无法按期运营的政府方原因;其次,根据公私双方交易全过程将研究问题以竣工验收为分界点分解为因政府方原因使项目无法按期竣工导致的无法按期开始运营、项目已按期竣工但因政府方原因无法按期开始运营两种情况;最后,分析每种情况下的赔偿内容构成及计算方式,并以案例加以说明,希望为因政府方原因导致PPP项目无法按期开始运营的赔偿问题提供解决思路。

Research on Compensation for PPP Projects that Cannot be Started on Schedule Due to Government Reasons

For the compensation problem for the failure of the projects to start operation on schedule due to government reasons,firstly,this paper analyzes the reasons that lead to the failure of the projects to operate on schedule based on the File of Finance2014]No.156.Secondly,according to the whole process of the public-private transaction,divides the research problem into two cases,including the project cannot be completed on schedule due to reasons of the government and the project has been completed on schedule,but the operation cannot start on schedule due to government reasons based on completion acceptance as a cut-off point.Finally,analyzes the specific composition of compensation contents and corresponding determination calculation methods respectively,and illustrates with a case.Hopes to provide solutions to the compensation problem that PPP project cannot start operation on schedule due to the government’s reasons.