Study On Legal Problems Of PPP Contract Dispute

PPP ushered in the golden period of development,but there is no legal and reasonable dispute resolution mechanism and the right of relief will eventually become constraints to the development of PPP in China.Once the government and private subject are in the process of dispute,the parties and the dispute settlement agencies have been often confused about how to handle the dispute and how to determine the obligations and responsibilities of both sides.On the basis of clarifying the basic connotation of PPP,this paper analyzes the chaos and reason of PPP contract dispute,and points out that the root of chaos is that the boundary between public law and private law is unclear,so that the legal nature of PPP contract unknown.Then paper summarizes the existing legislation and practice experience of mainland China,and draws lessons from foreign practical operation,advocates that China should get rid of the shackles of the dual division of public and private law,and the nature of legal relationship determines the laws and procedures applicable to the dispute resolution.Eventually establish unique unity of the substantive entities and procedural rules of China's PPP contract.