Case Analysis Of Contract Dispute In PPP Project

Since 2014,China’s PPP project has developed rapidly under the government’s advocacy.However,the laws and regulations of PPP are incomplete in China,a large number of PPP contract disputes had emerged in judicial practice,which has restricted the application and promotion of PPP.The case of the franchise contract dispute between the Hetian City Government and Xinjiang Xingyuan Construction Company and Tianrui Gas Company is a typical PPP contract dispute.The main controversy of the case focused on the legal nature of the PPP contract,the nature and effectiveness of the administrative agency’s dismissal of the franchise agreement,the effectiveness of the administrative agency’s exercise of the right and benefit,and the abolition of the administrative agency’s illegal actions.First,the PPP contract is a mixed nature contract,and the mixed nature of the contract dispute must determine which kind of litigation procedure is applicable.Second,the act of dissolving the agreement by the administrative organ in this case belongs to the act of the administrative organ exercising the unilateral right of rescission in the administrative contract,but it does not meet the statutory conditions and procedures.Third,the executive authorities have the right to take temporary measures to intervene in the contract performance process,but must strictly implement the legal procedures.Finally,in order to safeguard the public interest,the court can decide to confirm that the administrative organ violates the law and does not revoke the illegal administrative act,but must safeguard the legitimate rights and interests of the opposing person.In order to resolve the PPP contract characteristics dispute,the author proposed three solutions,using the "two-stage" theory to solve the judicial dilemma,or set up a joint trial court or set up a special court,or introduce an arbitration system.The author believes that in order to completely resolve the PPP contract characteristics dispute,it is necessary to break through the current public-private dual judgment structure.At the same time,this article explores how to standardize administrative superiority.Again,this article attempts to establish a compensation mechanism for private benefits.