Research On Public-private Partnership (PPP) Dispute Resolution Mechanism

Public-Private Partnership(PPP)model which imitated and took root gradually in China since 2014 has developed rapidly.The PPP model is an important institutional innovation of the modernization of the national governance system and governance capacity in the course of comprehensively advancing the reform and opening up.The State Council,relevant ministries and commissions have successively issued many policies and regulations on the development of the PPP model for the standardized operation of PPP model.But there still problems in the theory and practice of PPP model development in China such as the unclear nature determination of PPP agreement,the conflicting provisions of dispute resolution between departments' normative documents,and the vaguely ambiguous stipulations of dispute resolution methods.PPP agreement between government and social capital parties represents the core legal relationship in the PPP model.It reflects both the civil legal relationship between government departments and social capital parties,and also involves problems of supervision and the supervised between government sectors and social capital parties which also serve as the producer and manager of public service producer and manager.PPP agreement which has dual nature of both civil and administration should be jointly restrained by private law and public law.United Kingdom,the United States,and EU countries such as Germany,France have many years' experience in PPP operations.China can refer to the non-litigious dispute resolution methods and two-level theory,and try to construct a diversified PPP dispute resolution mechanism combining litigation and non-litigation suitable for China's national conditions by giving full play to the advantages of various approaches and paying attention to the inherent logic cohesion issues so as to build a smooth channel for dispute resolution in the PPP model.