Public Private Partnership Government Franchise Dispute Resolution Study

In the 1990 s,the UK first proposed Public Private Partnership(PPP),and then in the United States,France and other Western countries have been widely responded.PPP is a long-term partnership between the public sector and the private sector for the provision of public services by agreement.Government franchise is not only the embryonic form of public-private partnership,but also the most commonly used model in public-private partnership by various countries.In my country,the special significance of public-private partnership is that it responds to the need for government functions to be changed from the omnipotent government to the limited government and from the regulatory government to the effective government.However,public-private partnership,while enhancing national governance capacity,also challenge the traditional public law relief model.Different from the traditional administrative behavior between the executive authorities and the relative formation of the legal relationship between the two sides,Public-private partnership in the executive,private and public cross between the formation of tripartite legal relationship,disputes formed between different legal relationships vary.At the same time,the government takes the agreement as the carrier to the public task execution power by the private subject,the government in the public service role from the implementer into the guarantor.The traditional mode of public law relief for administrative action can not respond to the change of government behavior,and it is necessary to explore the relief mode for public-private partnership.This paper aims to solve the problem of dispute settlement of government franchise under the mode of public-private partnership,integrate the dispute settlement method of public law and private law,and construct the diversified dispute resolution mechanism of public and private relief cooperation.Specifically,this paper is divided into the following sections:The first part: Orientation and Dispute of Government Franchise.First analysis of the reasons for the rise of public-private partnership.With the change of administrative tasks,government behavior from the traditional high power model to public-private partnership mode.Secondly,it clarifies the position of government franchise in public-private partnership,and defines the object of this paper.Government franchise as the main mode of public-private partnership is the government to deal with the relationship between itself and market choice,between the full control and free market.Finally,the analysis of government franchise disputes.To the legal relationship for the classification of standards,to distinguish between the different types of government franchise disputes and its nature between the legal relationship,including the franchise agreement dispute in the PPP project and the dispute arising from the franchise agreement.This is also the purpose of this article is committed to the use of relief in the nature of government franchise disputes,rather than being limited by the nature of the agreement.The second part: the status quo of government franchise dispute resolution.This part from the foreign development and domestic status of two aspects of the existing PPP government franchise dispute settlement and analysis.Will focus on foreign public-private partnership in the dispute settlement,falls in China's relevant legislation and the status quo of justice,with a sense of awareness to build a public-private dispute settlement mechanism.The third part: the transformation of government franchise dispute resolution mode.This part of the undertaking to the last part of the government franchise dispute settlement of the problem,so as to analyze the government and private subject responsibility changes,the integration of existing public law relief and private law relief,meaning the implementation of public-private partnership responsibility to explore the fit of public-private Relief cooperation mode.Specifically,on the one hand,the government franchise disputes need to respond to the responsibility of the government and the responsibility of the private main body,so as to pursue the main responsibility.On the other hand,the government franchise relief model needs to be transformed from public and private relief to public and private relief cooperation.The model of public and private relief from the functional point of view,will help the government franchise between different legal relations between the settlement.And in the franchise agreement dispute resolution,public-private relief cooperation model embodies the market competition and the value of public service balance,follow the behavior phase of the continuation of the intention.Correspondingly,the relief structure of the government franchise needs to be transformed from a single confrontation structure to a pluralistic consultative structure,and the relief cooperation is gradually refined.The fourth part: the mechanism of government franchise dispute settlement.This section first integrates the government's franchise options.The paper analyzes the application of multiple dispute resolution in the settlement of government franchise disputes,and the convergence of the procedures between them.Second,the government franchise disputesbetween different legal conditions applicable to the corresponding dispute resolution.Thus refining the government franchise dispute settlement direction,the implementation of substantive responsibility.Finally,we focus on the administrative litigation of government franchise.Mainly for the PPP government franchise compared to the traditional unilateral administrative behavior,in the judicial relief to bring different challenges or opportunities.Such as the way of closure,the application of mediation;The type of judgment,the perfect confirmation of the verdict,the payment of the judgment and the obligation to give judgment;The way of handling applies to administrative incidental civil action;As well as the administrative public interest litigation.