Ⅴ．Conclusion

The partnership between the public and private sectors of the PPP mode determines that the PPP's institutional design cannot be simply chosen between the “public law”and the “private law”．The “public interest”nature of the PPP projects cannot be neglected; in the decision to invest in the projects, the private sector should foresee and accept the restraints on it imposed by the “public interest”．Moreover, the private sector's private interest should be equally respected and protected．Otherwise, it will be difficult to motivate the private sector to invest in the public projects with its private finance, skills, and management experience; if so, the government's intention of promoting the PPP mode will be in vain．In summary, it is of significance to balance and coordinate the relationship of the two sectors in designing the legal institutions of PPP.

—Translated by PAN Lichun from
Legal Science (《法学》), Vol.11, 2015