Research On The PPP Franchise Contract-center On The Legal Nature And Dispute Settlement

In the third Plenary Session of the 18th CPC Central Committee,the party proposed that "social capital can participate in the construction of urban infrastructure in China through the way of franchising" opened the PPP model.PPP mode breaks through the traditional mode of government monopoly infrastructure and public service,and improves the shortage of funds and low efficiency of service.At the same time,it actively guides the participation of social capital,promotes the cooperation between public and private parties,and improves the efficiency of infrastructure and public service supply.The rapid development of PPP also gave birth to a number of normative documents.The project led Department of the State Council Development Reform Commission and the Ministry of finance have issued a number of departmental regulations and policies.However,the nature of the franchise contract and the settlement of the disputes in the PPP mode are still lack of unified provisions,and the dispute is constantly in dispute,and the theoretical and practical circles The theory is inconsistent.All kinds of theories have their theoretical defects,and the application of laws is faced with difficulties.The PPP franchise contract is an important part of the PPP project.The author deeply explores the nature of the PPP franchise contract,analyzes the views and reasons of the four theories of the civil contract theory,the administrative contract theory,the economic contract theory and the mixed contract theory existing in the theoretical circle,and denies the same theory of the economic contract and the mixed contract theory.This paper makes an in-depth analysis of the standard of distinguishing civil contract from the theory of administrative contract,and points out that the standard of distinguishing civil contract and administrative contract lies in the relationship of rights and obligations embodied in the content of the contract.Combining the main clauses in the PPP franchise contract,this paper analyzes the nature of the object of the contract-the franchise right and the reality of PPP in China,and points out that the PPP franchise contract should be classified as the category of civil contract.In addition,in the face of the current dispute settlement of PPP concession contract in China,the dispute resolution is low,incompatible and backward in form,as well as on the practical level,such as negotiation and mediation are greatly influenced by administrative coercion,and the dispute processing procedure crossover resulted in procedural confusion.The form of contract signing,as well as the application of civil incidental administrative litigation trial,the introduction of multiple dispute resolution mechanism,and so on to improve the solution of the dispute settlement of PPP franchise contract.