水利工程PPP项目合同柔性调节机制研究

PPP项目实施过程中,政府和社会资本就未约定风险责任的风险事件或非预期风险事件的责任分担进行再谈判是不可避免的。在细化项目运作流程的基础上,结合水利工程PPP项目的专业特点,分析了水利工程PPP项目的合同柔性,构建了水利工程PPP项目合同9种柔性调节机制,对合同结构不完备和外部环境影响造成的风险进行再分担,确保PPP项目的顺利实施。研究成果可为水利工程PPP项目合同执行提供理论参考。

Research on Contract Flexible Regulation Mechanism for Water Conservancy Public-Private Partnership Projects

During implementation of the PPP project, it is inevitable that the government and social capital renegotiate on the shared responsibility of risk events, which cannot be confirmed or did not mentioned in the contract documents. Based on the refinement of the water conservancy PPP project operation process, combined with the unique characteristics, the flexible of the contract was first analyzed. Then 9 kinds of flexible regulation mechanism of water conservancy PPP project were established. Finally, the risks caused by the incomplete contract and the impact of the external environment were re-shared so as to ensure the smooth implementation of the PPP project. This study can provide theoretical reference for contract execution of water conservancy PPP project.