Research On Alternative Dispute Resolution Mechanism Of PPP Contracts In China

PPP is a business model in which social capital joins the field of social public service projects in the form of investment,and a large number of policies on PPP project cooperation have been introduced in China since 2014.In practice,PPP projects are usually characterized by complex contract systems,long project cycles,many participants,large amounts of money,etc.In recent years,PPP projects have been frequently "mined".This shows that the legal mechanism of PPP projects in China is not sound and the dispute resolution is still facing certain difficulties.The reasons for this are that there are still drawbacks such as unclear definition of concept identification,vague legal positioning,and unclear choice of remedy path for PPP in China in the context of the new era.From the mainstream doctrine and the wind direction revealed by the existing legal norms and policy documents in China,it is easy to see that although the revision of the Administrative Procedure Law and the implementation of the relevant normative legal documents of the State Council ministries and commissions in recent years can provide some guidance for the practice of PPP mode,the absence of systematic high-ranking laws and,coupled with the fact that PPP project contracts are more special in terms of legal attributes,these two factors give These two factors still pose difficulties in dispute resolution of PPP project contracts.However,the existing means of litigation settlement of PPP projects in China has such drawbacks as a waste of resources and low efficiency,and the ADR mechanism has the problems of insufficient neutrality,difficulty to guarantee effectiveness,and imperfect procedures,which shows the importance of urgency and practical value of improving the ADR means of PPP in China.Based on the system soil,citizens’ habits,litigation,and project implementation costs,and based on the public interest and private interest to coordinate the conflict between multiple subjects,the construction of PPP mode ADR mechanism is one of the effective paths to effectively alleviate the downturn of PPP market.The alternative dispute resolution mechanism has been developed in France,the United States,and other countries,and has been operating stably in practice.Therefore,a comparative evaluation is made one by one,and the points mentioned in China’s economic society and legal system are combined to initially conclude that refining and perfecting the expert review mechanism as the entry point for constructing China’s PPP ADR mechanism,taking the design structure of highranking PPP legal norms as a precursor,and strengthening the use of consultation,mediation(including the establishment of a third-party expert review mechanism)and arbitration in PPP disputes are important for refining and perfecting It is important to refine and improve the pluralistic ADR mechanism.