Research On Litigation Mechanism Of PPP Franchise Agreement Dispute

Public-Private Partnership(hereinafter referred to as PPP),also known as the government and social capital cooperation model,is a public-private partnership type of public goods and services,which improves the efficiency of public goods supply and eases the pressure on local government debt,thus PPP gets a rapid development in China.A large number of PPP projects have also been accompanied by many problems.One of the bottlenecks that hinder the growth of PPP is the debate on the dispute resolution mechanism of PPP franchise agreements.In this thesis the litigation mechanism of PPP franchise agreement disputes in China is discussed about and analyzed from the following aspects: theoretical overview,text analysis,judicial practice status,extraterrestrial reference and improvement suggestions.It is expected to define the contractual nature of the PPP franchise agreement and to optimize the PPP franchise dispute resolution mechanism in China and to promote the standardized development of China's PPP business.First of all,in the introduction part of the thesis introduces the background,research significance,research status and research methods of the topic is introduced;the second part is an overview of the PPP franchise agreement and its dispute resolution mechanism,including the PPP concept and classification,PPP franchise agreement concept and characteristics,the combing of the PPP franchise agreement dispute resolution mechanism and the analyze of the mechanism.In the third part the status and deficiencies of the PPP franchise agreement dispute resolution mechanism is analyzed from the aspects of legislation and judicial practice.The legislative aspect is mainly the low efficiency and the clauses of the same level of the PPP franchise agreement dispute resolution are inconsistent in China's existing laws.the problem facing judicial practice is that the current administrative litigation procedures cannot effectively deal with PPP franchise agreement disputes;In the fourth part the dispute resolution mechanism of the PPP franchise agreement between the civil law system and the common law system is compared and analyzed,and a way out for the PPP franchise dispute resolution mechanism in China is drawn;Last part is the proposal to improve the PPP franchise dispute resolution mechanism.First,the legislation should be used to clarify that the PPP franchise agreement is an administrative contract,and its dispute resolution should be applied to administrative litigation.Secondly,the detailed supplementary advice on PPP franchise agreement dispute administrative litigation mechanism is put forward including determining the litigation review principle of PPP franchise agreement dispute cases,standardizing the legal application of PPP franchise agreement dispute administrative litigation,granting the plaintiff qualification and counterclaim right of the government in PPP franchise agreement dispute administrative litigation,implementing the distribution of burden of proof in PPP franchise agreement disputes in the administrative litigation,and perfecting the mediation system in the administrative litigation of PPP franchise agreement disputes;Finally,to improve the PPP franchise agreement dispute resolution mechanism supporting measures,such as the establishment of sound negotiations,expert rulings and arbitration mechanisms.