| PPP is a mode of cooperation in which government departments and social capital share risks and benefits in public infrastructure construction.In this mode of cooperation,through the cooperation between the government as the public sector and the private sector,the benefits and risks are Shared.The essence of PPP mode is the combination of administrative action,project contract and contract action.Multiple parties jointly participate in the process of investment,construction and operation of urban rail transit PPP project,which takes a long time,involves a large amount of work and produces various unforeseen situations.Due to the long cycle,the large number of participants,the multiple interests involved and the complex relationship,only one contract is not enough to mediate such a complex legal relationship,so the PPP project of urban rail transit will sign different contracts at different stages and at different schedules,forming a contract system of urban rail transit project.The difference between the nature of master contract and subordinate contract also leads to many risks in urban rail transit PPP contract.For example,when the government signed the contract,the subject was not suitable,the risk of the project contract was misallocated,the precondition was complicated,and the dispute resolution mechanism was not suitable.PPP project contract is the foundation for the implementation of urban rail transit PPP project and the core of its contract system.Urban rail transit PPP project contract is a group of contracts,different contract nature will lead to different dispute resolution mechanism,at the same time,urban rail transit PPP project contract is from the signing to the performance and then to the final settlement of disputes.Therefore,this paper studies how to resolve the risks of PPP project contract by means of horizontal and vertical,that is,it is a contract group and a process.From the perspective of economic law,by means of the mutual cooperation between the quality of PPP project contracts,the supervision system and the dispute resolution mechanism,the risks that may appear before,during and during the operation of the PPP project of rail transit are reduced to ensure the smooth implementation of the project.This is not only the embodiment of quality and efficiency,but also the public service in line with the public travel requirements.However,there are still some problems to be solved about the supervision of PPP project of urban rail transit in China,such as the lack of scientific supervision system of urban rail transit,the effective formation of supervision rules,and the content of supervision to be determined.These problems will hinder the construction and operation of urban rail transit PPP projects,and may cause trouble to the operation order of project operating enterprises,and the profitability of project operating enterprises will be directly affected.Therefore,in the PPP project of urban rail transit,to give full play to the advantages of the government and social capital,it needs to be coordinated and guaranteed by a complete regulatory system.The foreign advanced experience and combining the operation situation of urban rail transit in our country the PPP,our country should perfect supervision legal system from the construction,set up an independent regulator,perfect the operation of the PPP model regulation mechanism and the introduction of public opinion supervision and evaluation system,to gradually improve the urban rail transit in our country the PPP project contract regulation.After making a theoretical definition of the nature and content of the PPP project contract of urban rail transit,this paper combines with the lack of supervision and disputes arising from the actual operation of the PPP project contract of urban rail transit in China.Referring to the provisions of foreign legislation on dispute resolution and supervision,this paper puts forward some Suggestions on prevention before the signing of PPP contracts,supervision during the implementation and settlement after disputes.The paper is divided into four parts.The first part is an overview of the application status and risks of urban rail transit PPP project contract.This paper mainly analyzes the main risks of the PPP project contract of urban rail transit by analyzing the current practice mode of PPP and the main contents of PPP contracts under different practice modes.The second part is about the reason of forming the contract risk of PPP project of urban rail transit in China.The analysis points out the main risk,rights and obligations risk,performance risk and default risk of the PPP project contract.The third part is to introduce the advanced experience in solving the contract disputes and supervising the PPP projects of urban rail transit in foreign countries,so as to provide an extraterritorial reference for resolving the risks of the PPP projects of urban rail transit in China.In the last part,the author proposes specific legal countermeasures for the risk elimination of the PPP project contract in China from four aspects: improving the legislation for the conclusion and performance of the contract,clarifying the nature of the PPP contract and its main responsibility,establishing and perfecting the contract supervision system and improving the contract dispute resolution mechanism. |
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