Research On Several Legal Issues Of PPP Project Contracts

Due to the fiscal austerity pressures faced by major European countries in the 1990 s,the United Kingdom first proposed the PFI plan for private capital participation in public services in 1992 to stimulate private investment and expand public construction.This "private financing" model was gradually extended to other countries.The PPP model has made considerable progress in China,but the relevant concepts and legal relationships also need to be sorted out clearly.Judging from the laws and regulations,policy documents that have been issued,the PPP model still has problems such as ambiguous definition of the concept and unclear legal positioning,which in turn leads to the unclear dispute resolution mechanism.In practice,PPP projects generally have complex contract systems,long project cycles,several different parties,and high cost.Therefore,the establishment of a good dispute resolution mechanism has an important impact on the protection of the legitimate rights and interests of the parties.This article starts from the concept of PPP model and project contract,combined with the provisions of relevant documents and judicial precedents,focusing on the legal attributes of PPP project contract and dispute resolution mechanism.This article analyzes the legal practice of PPP project contract dispute resolution from the domestic and foreign-related dimensions.In addition,it also discusses the domestic legislative experience of PPP in United Kingdom,France and Italy,and attempts to comparatively analyze the suggestions for improving relevant policies and mechanisms in China.The body of this article includes an introduction,two chapters and a conclusion.The introduction part is a brief introduction to the background of the topic,relevant legislation and academic researches,and the innovation of this article.The first chapter is an overview of the PPP project contract,which is divided into two sections: an overview of the PPP model and an overview of the PPP project contract.First,it clarified the conceptual distinction between broad and narrow PPP models.Secondly,the legal relationship subject,contract system,official guide text,legal attributes and possible legal risks are analyzed in a comprehensive way.This will provide a theoretical basis for the following analysis of the dispute resolution mechanism of PPP project contracts.The second chapter is an analysis of the PPP project contract dispute resolution mechanism,broken down into five sections.The first section is an overview of the content of the PPP project contract dispute resolution mechanism.The second section discusses the current legal norms,characteristics,existing legislative dilemmas and practical dilemmas of our country's PPP project contract dispute resolution mechanism.The third section analyzes the dispute resolution mechanism of Chinese enterprises participating in the "going out" of foreign-related PPP projects.This paper analyzes the existing norms of international law and the response of Chinese enterprises from the determination of jurisdiction and the recognition and enforcement of judgments and awards.The fourth section is a comparative analysis of the construction of PPP domestic legislation and dispute resolution mechanisms in Britain,France and Italy from the perspective of comparative law.The fifth section combines the above analysis,and attempts to make suggestions on improving our country's PPP related legislation and building a unified and comprehensive PPP practice management mechanism.Finally,it is the summary and conclusion of the full text.