Research On The Administrative Adjudication System For PPP Contract Disputes

PPP,as a mode of cooperation aimed at the construction of public services and infrastructure projects,can effectively reduce the pressure of government debt and optimize the efficiency of social resource allocation.However,it has gradually exposed various problems in practice.If a PPP project has disputes,how to determine the nature of the contract and the facts of the dispute,and on this basis,what kind of legal norms and remedy measures are still controversial.Because of its own characteristics and advantages,administrative adjudication may become another starting point for the dispute resolution mechanism of PPP contract.This paper analyzes and studies the issues related to the introduction of administrative adjudication into PPP contract dispute settlement mechanism from the following aspects.First of all,it elaborates the relevant contents of the dispute resolution mechanism of PPP contract from a macro perspective.The definition and characteristic description of PPP contract as its superior concept are clarified,and the academic circles have different views on its nature,such as administrative contract,civil contract,mixed contract,etc.Then leads to the connotation and basic mode of PPP contract dispute settlement mechanism,and points out the legislative and practical problems of this mechanism in China.Secondly,we should consider introducing administrative adjudication system.Firstly,the basic concept and characteristics of administrative adjudication are defined,and the feasibility of introducing administrative adjudication is considered on this basis.Combining with the characteristics of administrative adjudication and the needs of PPP dispute resolution,it can be concluded that administrative adjudication plays a role in fair,efficient and professional dispute resolution.In addition,other PPP dispute resolution mechanisms,such as administrative litigation and civil litigation,will be combined to analyze the connections and differences between them,and work together to make contributions to the construction of a good PPP dispute resolution mechanism.As the administrative adjudication system has developed more mature outside the region,the administrative adjudication systems of the United States,the United Kingdom and Japan are selected for a general review in terms of content,and the parts with strong applicability are selected for reference on the basis of comparison.Finally,on the basis of the above,the administrative adjudication system in the dispute settlement mechanism of PPP contract is constructed.One is to consider expanding the scope to apply to PPP disputes;Second,in the subject selection,we should not only ensure the independence of the institution to show fairness,but also attract professionals to improve the professionalism of the institution.Third,to make up for the vacancy of the current procedures and refine the procedures from the perspective of principles and specific procedures;Fourth,improve the relief system of administrative adjudication,attach importance to the wishes of the parties,draw lessons from the litigation system of the parties,and form a complete closed loop of the dispute settlement mechanism.