Research On Dispute Resolution Mechanism Of PPP Agreement

With the continuous development of PPP mode in various fields,the further integration of public law and private law factors has put forward new requirements for the PPP agreement dispute relief system.Due to the different understanding of the legal nature of the PPP agreement,the PPP related policies and regulations are not perfect for the application of laws and dispute resolution methods,which leads to the dilemma of judicial decisions on PPP disputes.Based on the disputes between the public sector and the private sector in the PPP project,this paper first analyzes the legal positioning of the PPP agreement,the nature of the dispute,and the way to resolve disputes.Secondly,combined with legislative provisions and judicial decisions,it analyzes the main dilemmas of the current PPP dispute resolution mechanism.Finally,aiming at the practical dilemma of dispute resolution,through the extraterritorial experience and the principles and objectives of the PPP protocol dispute resolution,the paper puts forward specific suggestions on integrating the diversified relief path,developing the non-litigation dispute resolution method and perfecting the administrative relief system.The full text is divided into four parts.Part ?: Overview of the PPP Protocol Dispute Resolution Mechanism.In theory,there is a different understanding of the legal nature of the PPP agreement,which leads to a great controversy in the PPP dispute resolution mechanism.Whether the PPP agreement dispute is public law relief or private law relief,or public-private relief is parallel,there are differences.Due to the unclear nature of the PPP protocol,the resolution of the PPP protocol dispute in practice adopts a realistic path oriented by the nature of specific disputes.At present,China's PPP agreement dispute resolution methods mainly include negotiation,arbitration and litigation,but it does not form a systematic dispute resolution mechanism.The second part: the practical dilemma of the PPP protocol dispute resolution mechanism.PPP legislation has not been perfected in China,and there are problems such as low legislative level,inconsistent legal norms,and unclear remedies.PPP dispute dispute resolution in the judicial judgment is based on the different nature of the disputed behavior and different litigation methods,but the complexity of the dispute often leads to a large difference in the direction of judicial referee.The problems in theory,legislation and judicature make the dispute settlement face the dilemma of unified relief path dilemma and dispute resolution mechanism in litigation.The third part: comparative analysis of the PPP protocol dispute resolution mechanism.In the Anglo-American legal system countries,there is no difference between the government contract and the ordinary contract in the applicable law and jurisdiction.In principle,the common law provisions apply.Public law and private law in civil law countries are often strictly distinguished,and franchise agreements are regarded as administrative contracts and are subject to administrative courts.In the dispute resolution mechanism,the UK's PF2three-stage dispute resolution mechanism,US government contract appeal pre-arbitration and arbitration,French jurisprudence rules and alternative dispute resolution mechanisms,German administrative appeals and mediation within the courts all played a good role..The extraterritorial experience of China's dispute resolution mechanism should focus on the legislative system,the alternative dispute resolution mechanism and the adaptation to the existing legal system of the country.The fourth part: the perfection of the PPP protocol dispute resolution mechanism.First of all,the improvement of the PPP protocol dispute resolution mechanism should focus on the principle of legality,respect the principle of consent of the parties and the principle of fairness and efficiency,so as to ensure the dynamic balance between the administrative superiority and the freedom of contract,and ensure that all PPP disputes are clear.The approach is to provide relief and strengthen coordination among the various dispute resolution approaches.Secondly,the PPP protocol dispute resolution method should widely adopt a diversified dispute resolution method that can be selected by the parties,and classify the PPP disputes and establish dispute resolution upgrade mechanisms to integrate diversified dispute resolution methods.The alternative dispute resolution mechanism and arbitration have great application space as a non-litigation dispute resolution method.This paper has made a detailed demonstration on its procedures and specific applications.Finally,expand the scope of administrative reconsideration,develop administrative litigation systems,improve state compensation and compensation responsibilities,and provide adequate administrative relief for PPP disputes.