Analysis Of Ruiding Company V. Xundian County Government

The case of suing Xundian county government by Ruiding company is a case of disputes brought to court by Ruiding company because of Xundian County Government’s delay in performing the boot concession contract.The case occurred after the amendment of the administrative procedure law,and no case was filed from the first instance to the second instance.There are two main reasons :the arbitration clause is stipulated in the contract;and the contract is concluded before May 1,2015,and the law does not clearly stipulate that administrative agreement disputes are the scope of accepting cases stipulated in the revised administrative procedure law.Therefore,there are three dispute focuses in this case: whether this case is an administrative agreement dispute case;whether the PPP contract arbitration clause in this case is effective;and whether this case should be put on file for trial.Through the analysis of cases,this paper summarizes the problems existing in the connection between administrative litigation and arbitration of PPP contract disputes,and puts forward corresponding suggestions.This paper is divided into four parts: the first part briefly describes the research background and significance of the project,and introduces the research status of the qualitative and dispute relief methods of PPP contracts;The second part summarizes the basic facts of the case and summarizes the three controversial points of the case.The third part analyzes the effectiveness of the arbitration clause in the contract from the point of view of the PPP contract,so as to prove that the case can be accepted even if the arbitration clause is valid.The fourth part through the case analysis,this paper summarizes the PPP contract dispute problems of administrative litigation and arbitration cohesion,namely judicial explanation effect no arbitration clause is not reasonable,the PPP contract dispute administrative litigation and arbitration cohesion is not in place,and put forward the PPP contract dispute administrative litigation and arbitration cohesion suggestion,namely,clear the PPP effective boundaries of the arbitration clause in the contract,improve the system of the PPP contract dispute administrative litigation and arbitration cohesion.