Abstract: College of Humanities and Law, Shandong University of Science and Technology, Qingdao, Shandong, 266590, ChinaThe nature of scientific research project contract has different definitions in civil and administrative contract. The nature of contract determines the scope of application and the choice of legal aid. Therefore, a clear identification of the nature of it is of great significance. This article, through the analysis of the current legislation system and the double order theory of Germany considers that China's scientific research project contracts should be defined as private contract so as to effectively promote the reform of scientific research funds and guarantee freedom of scientific research.