Legal Regulation Of Disputes Over PPP Agreements In China

The application and development of PPP in China has aroused extensive attention from the theoretical and academic circles.Theoretically speaking,PPP is the practice of the new administrative law concepts of "cooperative administration" and "contract governance".In practice,it is a strong guarantee for the government and the social capital to realize the social benefits and relieve the financial pressure of the government through the cooperation.PPP protocol is the bridge of PPP operation.There are many disputes in PPP agreement due to the intersection of the main interests of the two parties,the complexity of the status and the unclear nature of the agreement.In order to realize social public interests,save judicial resources and fully mobilize the enthusiasm of social capital parties to join PPP,it is urgent to prevent and reduce PPP agreement disputes through relevant legal regulations.The article is divided into four parts.The first part is the introduction.The background of PPP is expounded.The importance of developing PPP in China;Research status of PPP agreement in China.This paper holds that there are few researches on PPP disputes at home and abroad at present,so it is necessary to make an in-depth study of PPP disputes in judicial cases through empirical analysis,and to put forward corresponding legal regulations.The second part is the basic theory of PPP.Mainly define the concept of PPP and PPP agreement;Analyze the relationship between PPP agreement,franchise agreement and administrative agreement;Specify the subject,type and content of PPP protocol.The article thinks that PPP and PPP agreement should adopt a relatively broad concept,which is conducive to the comprehensiveness of understanding;PPP agreement is not equal to administrative agreement.PPP agreement includes government franchise agreement and government purchase of public service agreement.These provide a theoretical basis for the following in-depth study of PPP disputes and proposed legal regulations.The article holds that the unclear legal attribute of the agreement,the unclear legal relationship between the parties and the unclear effectiveness standard of the agreement lead to the confusion in the exercise of rights and performance of obligations of both parties,which leads to the frequent disputes in PPP agreement.The fourth part is the legal regulation of PPP agreement disputes in China.The nature of PPP is defined according to different types of PPP.To clarify the legal relationship between the parties by clarifying the terms of rights and obligations;It is clear that the government has not unilaterally terminated or changed the contents of the PPP agreement;Clarify the effectiveness of the government commitment and the issue of invalid compensation;Handle the relationship between disclosure and confidentiality of PPP agreement;Within the agreement,it is improved through the elaboration of the agreement,the provisions of the dispute resolution mechanism and the flexible adjustment clauses.