Research On Legal Attributes And Dispute Resolutions Of PPP Agreements

Along with the promotion of China’s PPP model,the PPP agreement has become a common academic topic among public law scholars,private law scholars and international law scholars.In the PPP agreement,the legal relationships are complicated,the public and private law are highly integrated,long-term investment and financing relationships can be seen very common,making legal issues more complicate,especially the legal nature of the PPP agreement and dispute resolution issues,which are deeply at odds.This article focuses on the legal concept,legal attributes and dispute resolution methods of the PPP agreement,I hope to think out of the box and provide some practical ideas for academic research concerning legal attribute dispute resolution of the PPP agreement.The article is divided into five parts.Besides the introduction and conclusion part,the concept of PPP agreement,the legal attribute of PPP agreement and the dispute resolution method of PPP agreement are discussed.First of all,I discuss the concept of PPP agreement.PPP is a general term for public-private partnerships.Many countries have similar models,but there is no normative concept about what a PPP agreement really is.Therefore,I start with the comparative analysis of the concept in extraterritorial domain,clarify the relationship between China’s PPP agreement and administrative agreements,government procurement agreements,franchise agreements and other related academic concepts.I come to the conclusion that in China,the concept of PPP agreement is: to achieve public management,an administrative agreement with the long-term and financing characteristics is signed by the administrative body and the private entity on the basis of equal consultation.Its subject,purpose,and long-term financing components will be further discussed.Secondly,the article discusses the legal attributes of the PPP agreement.I begin with the analysis of the disputes regarding the division of public and private legal relations of the PPP agreement in the existing research.I classify the PPP agreement as one of the administrative agreements,and at the same time,I also acknowledge that the PPP agreement have a dual legal relationship attributes of public law contract and private law contract.Then,based on the arguments between theoretical and practical circles on the definition of public-private legal relations,I argue that the division between public legal relationship and private legal relationship in PPP agreement lies in the content of legal relationship,that is,the relationship of rights and obligations.Finally,a typical analysis of the existing possible PPP agreement dispute resolution methods is given.Because there are different ideas over the legal attributes of the PPP agreement,the theoretical and practical circles are arguing over what kind of dispute resolution methods should be adopted.Base on the situation of the big influence of separation between public law and private law,also no administrative court established,dispute resolutions are the most important difficulty for PPP agreements.At the same time,I argue that litigation method and non-litigation method should be parallel adopted in the same time over PPP dispute resolution.The parties of the PPP agreement may decide the nature of the contract and the method of dispute resolution.If the public interest is prejudiced by the agreed method,the procuratorial organ can initiate the public interest administrative litigation.