Based on the needs for improving the standards of higher education development and promoting national innovation system and infrastructure,PPP has gradually become one of the most important means to propel innovation and reform in higher education. The application of PPP in infrastructure construction is becoming more and more mature,but its application in the field of education especially higher education is still in an initial stage. This paper analyzed the necessity and feasibility of PPP's application in higher education and discussed the problems and corresponding solutions based on two important aspects of legal approach and contractual arrangement,and tried to provide suggestions for the development of PPP in higher education.