Research On The Settlement Of The Government And Social Capital Cooperation(PPP) Dispute

In recent years,with the wide application of government and social capital cooperation models,the dispute between the government's public sector and social capital has also increased year by year.The author found on the Chinese referee paper online that “PPP” was used as a relevant keyword.As of January 12,2017,the number of disputes related to PPP from 2014 to 2016 was 51,and this number was up to 2018.The month rose to 252.In the process of the development of the PPP model,various types of disputes are often triggered due to imperfect PPP legislation,policy instability,government credit risks,and market factors.How to effectively resolve disputes has become a long-term healthy PPP model in all countries.The top priority.Implementing PPP legislation as soon as possible,balancing the interests of all parties,strengthening the protection of social capital while restricting the government's public power,and establishing a sound dispute settlement mechanism between the government and social capital,becoming a priority for the long-term healthy development of the PPP model..Perfecting the dispute settlement mechanism between the government and social capital and properly solving various disputes is conducive to the construction of infrastructure and the provision of public services.It is of great significance to the restriction of public power in the PPP model and the protection of social capital.This article starts with the nature,causes and forms of the cooperation disputes between government and social capital,clarifies the meaning and main functions of the dispute settlement mechanism between government and social capital,and introduces the main types of dispute settlement mechanisms in various countries in the world.Based on a comparative analysis of the dispute settlement mechanisms between France and China,and on the basis of expounding the characteristics and major problems of China's existing dispute settlement mechanisms,it proposes to improve China's PPP model dispute resolution mechanism,from PPP legislation,to the establishment of PPP dispute resolution agencies,The establishment of a PPP project government breach of contract guarantee funds and other methods to start,and gradually improve China's government and social capital cooperation dispute settlement mechanism.In addition to the introduction and conclusion,the article is divided into four parts.The first part is a general investigation of the dispute settlement mechanism between government and social capital.It mainly centers on the definition and nature of various disputes in the PPP model,and studies the causes and manifestations of disputes.The definition of dispute settlement mechanism between government and social capital is extended to further analyze the major types of dispute settlement mechanisms in the world and to demonstrate the necessity of the dispute settlement mechanism between government and social capital.The second part is the extraterritorial investigation and reference of the dispute settlement mechanism.It mainly introduces the main contents of the dispute settlement mechanism of the PPP mode between Britain and France.According to the experience of the dispute settlement between the two countries,such as setting up the higher order,the unified and perfect PPP legislation,the establishment of a professional Dispute Adjudication Institution and the establishment of an alternative.The resolution mechanism of sexual disputes.The third part is the summary of the dispute settlement mechanism between China's government and social capital.It elaborates the features and main solutions of disputes in China's PPP model.It also discusses the deficiencies of China's existing dispute resolution mechanism in light of China's national conditions.The fourth part is the suggestion to perfect the dispute settlement mechanism of the cooperation between the government and the social capital in our country.In view of the several problems of the PPP dispute settlement mechanism in our country,we will further discuss the countermeasures,and put forward to speed up the special legislative work of the PPP,establish the PPP Dispute Adjudication agency,set up the guarantee fund of the government committee of the PPP project,and establish the construction of the guarantee fund and construction of the government committee of the government.In order to solve the disputes more effectively and solve the difficult problems in the mode of cooperation between the government and the social capital,the advantages of the PPP model will be maximized,and the long-term and efficient development of the dispute settlement mechanism and the selective dispute settlement mechanism should be built.