The Research On The Dispute Settlement Mechanism Of PPP Project Contract

In November 2013,the third Plenary Session of the 18th CPC Central Committee decided to allow the social capital to participate in the investment and operation of urban infrastructure through franchising and other mean.Since then,the PPP model has been widely used in the field of public infrastructure services in China.According to the current situation of economic development and the needs of social development in China,we can know that the extensive application of PPP model not only can improve the quality and benefit of public service and infrastructure,but also can alleviate the pressure of government finance and help it transform its functions.In the process of PPP project implementation,the project participants define the rights and obligations of each other by signing a contract,thus forming the PPP project contract system,and in the core and foundation position of the contract system is the PPP project contract,which is signed by the government and the social capital as the subject of the contract to clarify the rights and obligations of both parties.The research object of this paper is the dispute settlement mechanism of PPP project contract,which is consist by the possible dispute resolution methods that the government and the social capital party may adopt when the dispute arises over the contract of the PPP project.The paper is divided into four parts,including the basic overview and theoretical basis,the current situation of legislation and judicial practice,the existing problems and suggestions for perfection.In the part of the basic overview and theoretical basis,it introduces the PPP project contract,the relevant contents of the dispute settlement mechanism of PPP project contract and the theoretical basis related to the construction of the dispute settlement mechanism of PPP project contract.According to the characteristics of the mechanism and the basic theoretical knowledge of law,we can know that the theoretical basis includes the theory of interest measurement,the protection of private rights and the necessity of relief;In the part of the current situation of legislation and judicial practice,through combing the laws and regulations related to the dispute settlement mechanism of PPP project contract in our country at present and comparing and classifying the results of typical cases adjudication in judicial practice,we can find the characteristics of the dispute settlement mechanism of PPP project contract in the legislation and judicial practice;In the part of the existing problems,it points out the shortcomings of the dispute settlement mechanism of PPP project contract in the current situation of legislation and judicial practice.The former includes the lower rank of laws and regulations,inconsistent with the upper law,and inconsistent with the same level of laws.The latter includes that the judicial practice of the settlement of PPP project contract dispute is not unified,the non-litigation dispute settlement mechanism of PPP project contract is not perfect and the dispute settlement mechanism of PPP project contract does not attach importance to the use of arbitration;In the part of the suggestions for perfection,according to the shortcomings of the dispute settlement mechanism of PPP project contract in the current situation of legislation and judicial practice,this paper puts forward some relevant suggestions respectively.And the former includes making the high order correlation laws and regulations of PPP step by step,coordinating the conflict between the relevant laws and regulations of PPP.The latter includes establishing the rules of the settlement of PPP project contract dispute in judicial practice,which means that dividing the nature of PPP project contract dispute into the franchise type and the non-franchise type in principle.When the nature of the dispute is uncertain,it tends to be regarded as the civil dispute.Perfecting the non-litigation dispute settlement mechanism of PPP project contract needs that combining the characteristics of PPP and further elaborating the non-litigation dispute settlement methods of PPP project contract.Attaching importance to the use of arbitration in the dispute settlement mechanism of PPP project contract.That is,when the dispute of PPP project contract occurs,we should attach great importance to the arbitration in solving the dispute of PPP project contract.