Research On Dispute Resolution Mechanism Of Chinese Government And Social Capital Cooperation(PPP)

PPP(Public-Private-Partnership),that is,the administrative department and the private sector cooperate to allow non-public capital to participate in the provision of public products and services.With the germination and development of PPP,the public sector's monopoly on public services has been broken,and it has also greatly Alleviated the financial pressure of local governments and promoted social and economic development.According to the website of the PPP Center of the Ministry of Finance,as of February 21,2020,there were 9440 PPP projects included in China's PPP comprehensive information management database,with a management bank project amount of 1.4384 trillion yuan,covering such things,garbage recycling,transportation In the field of public livelihood,the PPP model has played a huge role in social public services.It not only realizes the public responsibilities of the public sector,but also brings certain benefits to the private sector.However,we must also realize that some problems have also occurred in the implementation of the PPP agreement,such as the low enthusiasm for social capital participation,and when the PPP agreement has disputes,the private sector's rights and interests are difficult to get timely relief.The main reason is that the legal attributes of the PPP agreement have not been clearly defined in theory.The confusion of the legal attributes of the PPP agreement has caused difficulties in the relief of PPP agreement disputes.In addition,there are no clear provisions in the legislation.The inconsistency in judicial practice has further deepened this confusion.Therefore,this article will first discuss and summarize the legal nature of the PPP agreement,and demonstrate the theories of the PPP administrative agreement theory,civil agreement theory,and hybrid agreement theory.It also analyzes the model of the PPP dispute resolution mechanism in the Anglo-American legal system,attempts to draw on the strengths of the foreign PPP dispute resolution mechanism,and thus attempts to propose a diversified PPP dispute resolution model suitable for China's national conditions.It is hoped that the opinions gained in this article can be helpful to the PPP dispute resolution mechanism,so as to better protect the legitimate rights and interests of both the public sector and social capital,and promote the orderly and smooth progress of PPP projects,thereby promoting the sustainable development of China's economy.