Research On The Dispute Settlement Mechanism Of The Integration Of Public Private Partnership

On the academic front,public-private partnerships are considered to be public-private partnerships between government and the private sector based on equal legal subject status negotiations.In addition to focusing on the control of power in administrative law and the control of the administrative privileges of the government on the private sector,PPP should return to its original intention,from the perspective of maintaining the public interest,social-based,to ensure that public power in strict The rule of law under the implementation of public governance,emphasizing the administrative law on the protection of public interest.Therefore,in the emphasis on administrative law to maintain the basic concept of social public interest to confirm the PPP public-private law mixed property has become inevitable,its operation should be consistent with the concept of service-oriented government administrative rule of law.Administrative law dispute resolution internal mechanism and external system construction should also make the corresponding paradigm shift and legal framework changes to comply with the administrative law of private law development trend.The private law of administrative law is the product of conforming to the development of the times.The private law of the main body,ideas and means to learn from the administrative management,caused the process of private law of administrative law,but also promote the integration of public law and private law,the existing administrative law dispute resolution mechanism challenges.At the same time,the practical circles are also confused by the imperfect imperatives of national laws and regulations and the lack of relevant guidance cases,and are confused in the practice of PPP related cases.This requires the establishment of a set of PPP to adapt to this new type of public and private law to integrate the legal relationship between the dispute resolution mechanism,it is necessary to the existing administrative law dispute resolution mechanism to make appropriate changes and the application of the law to make adjustments and improve.This paper is divided into four parts,the first part is the PPP concept,characteristics and similar concepts and comparative analysis and a brief introduction.Through the concept of PPP,the characteristics of the summary and similarity with the distinction between the distinction between the PPP has a more comprehensive preliminary understanding.The second part mainly analyzes the relationship between PPP legal attribute and public and private law in PPP.The academic community has an administrative contract on the PPP agreement,said the civil contract says that the mixed attribute contract says three doctrines.The paper argues that the PPP protocol belongs to the hybrid attribute contract.Based on the qualitative analysis of the nature of the contract,the PPP legal relationship is composed of contractual relationship,political contract relationship and service contract relationship.It is believed that PPP is a new type of legal relationship with the integration of public and private legal relations,and it is necessary to make appropriate adjustments to the existing dispute resolution mechanism.The third part mainly introduces the current situation and the main problems of the laws and regulations of PPP dispute resolution mechanism.On the basis of the theory,the existing administrative law dispute resolution mechanism can not adapt to the new legal relationship of public and private law,which is represented by PPP,and the lack of corresponding system adjustment and response to the disputes arising from the integration of public and private legal relationship.The reform of the administrative law dispute resolution mechanism lacks public and private Legal integration of theoretical support.The problem of PPP contract dispute in judicial practice is that the dispute resolution method often determines the legal application standard based on the normative document on which it is based.However,the disagreement between the provisions of the normative documents leads to the difference of the dispute settlement.The fourth part puts forward the perfect suggestion of PPP dispute settlement mechanism under the integration of public and private law.From the theoretical basis to recognize the PPP public-private legal relationship between the mixed property,improve the current administrative law dispute resolution mechanism for the new administrative dispute resolution mechanism to establish new standards,provide a new basis to build new rules.On the basis of distinguishing the specific civil acts and administrative acts in the PPP project contract,the judicial practice should be included in the civil law of the contract disputes and the resulting property rights disputes arising from the equality of the civil Scope;and related to the field of administrative disputes,it should be included in the administrative law dispute resolution mechanism.And then from the theoretical basis to the judicial practice to build a set of PPP public and private law for the integration of legal relationship between the administrative law dispute resolution mechanism.