Empirical Research On PPP Agreement Dispute Cases

With the in-depth promotion of the PPP model by the central government,PPP projects often involve public utilities,national economy and people’s livelihood.Therefore,the success or failure of PPP projects does not affect the income of several investors,but affects the public interests of the entire society and the public power of government representatives.Image.Judging from the practice of the PPP model for more than 30 years,the PPP model has become a new type of cooperative relationship between the government and the social capital party that balances risks and benefits,as well as rights and responsibilities.The type,scope and quantity of PPP models With the continuous increase and expansion,the project implementation rate has also been greatly improved.However,in the process of rapid advancement of the PPP model,the number of PPP agreement dispute cases has also increased rapidly,revealing many problems that cannot be ignored.If PPP projects always have disputes due to PPP agreements,it will greatly dampen the enthusiasm of social capital investment,and will also wipe out the government’s efforts in improving people’s livelihood and shake the government’s credibility.Studying the problems in PPP agreement dispute cases,analyzing the causes of these disputes,and proposing targeted countermeasures based on the causes are of great significance and practical value for the healthy and sustainable development of the PPP model.The first part of this article describes the research background,purpose,significance,object,and content of the court hearing PPP agreement dispute cases,and determines the boundary of the research.The second part defines the concept of PPP and the concept of PPP agreement in the text,and introduces and compares the three theories of PPP agreement.In the third part,by combing and summarizing the collected data and legal documents,the status quo of the PPP industry and the status quo of the courts hearing cases of PPP agreement disputes are studied.The fourth part,through the empirical analysis of PPP agreement dispute cases,shows that there has been a large increase in PPP agreement dispute cases in trials,the types of cases are more diversified,and the appeals of the cases are more diverse;the court’s trial of PPP agreement dispute cases has shifted from civil courts to administrative courts;disputes;The types are concentrated in the field of infrastructure and other aspects are controversial.The fifth part combines the collected data and cases to analyze the reasons for the focal issues in the PPP agreement dispute cases,and concludes that the relevant laws are not high-level;affected by the dualism of public and private law;the qualifications of the plaintiff and the defendant in administrative litigation are constant;the parties are restricted;Lack of risk awareness when signing the PPP agreement and other reasons.Finally,by combining the main content of the first two chapters,this article proposes to establish the concept of the cross-development of public and private law in view of the focal issues and causes of disputes;promulgate higher-level laws;expand the scope of the subject qualification of litigants;establish a PPP information disclosure system;Countermeasures to establish a fair and reasonable risk distribution system.