Abstract: The government has administrative prior right in the PPP which is manifested in the following aspects:selecting the signer, the command power, unilateral changing and relieving the contract, the power of sanction on contractor and supervision. The legal exercise of the administrative prior right could prevent the contract disputes and enhance the realization of public interests. There are some abuse of administrative prior right in the performance of the PPP contract, Such as infringement and breach of contract, non-performance of administrative promises and non-compliance with legal procedures, which violate the principles of law-based administration and trust-protection. The dilemma of misusing the right lies in the uncertainty of public interest, the complexity of PPP contracts, the lack of legislation on the government's dishonest behavior and the weakness of internal supervision. The ways out for the dilemma as followed:the legislation on the specific conditions of the administrative prior right and the government's responsibilities, strengthening the construction of government credit, promoting the government to using the right legally by the third party assessments, strengthening external supervision and so on.