Research On The Arbitration Settlement Mechanism PPP Agreement

PPP agreement refer to a series of collective contracts signed by the government and social capitals.Because its legal nature is still unclear,the resolution approach of diversified legal disputes on PPP agreement has multiple obstacles in practice.The disputes over the legal nature of the PPP agreement have been in existence for a long time.As an “ imported product”,the PPP agreement presents a strong Chinese character.The compatibility between the legal disputes and the arbitration system of the PPP agreement has become the focus of theoretical research.PPP agreement have both the legal attributes of civil commerce and administration.Therefore,the solution to the PPP agreement in China is mainly civil litigation and administrative litigation,which is the judicial system guaranteed by public power.However,it also exists inherent shortcomings in litigation.As the most important dispute resolution system in international commercial disputes,it has not been fully utilized in the resolution of PPP agreement legal disputes in China.Therefore,exploring the arbitration resolution mechanism of PPP agreement can better clarify the complex legal relationship between PPP agreement,better position the advantages of arbitration suitable for PPP agreement,and form a combination of dispute resolution methods to better protect the public interest.The first part discusses the PPP agreement arbitration mechanism for arbitrable disputes.Focusing on the controversy over the legal nature of the PPP agreement in the theoretical circle,the paper analyzes the conflicts in the application of PPP agreement.Based on the arguments that the legal nature of the PPP agreement does not have the basis of the laws of higher levels,and the conflicts exist between the application of rules and regulations,as well as the judicial opinions,the theoretical difficulties and practical problems of the PPP arbitration mechanism are explained.The second part discusses the connection between the PPP agreement arbitration mechanism and the current legal system.China current PPP agreement applicable arbitration solution does not violate the Constitution,the “ Arbitration Law ” and has procedural guarantees by the “Civil Procedure Law”.This paper discusses the necessity and superiority of applying the arbitration system of PPP agreement by analyzing the contractuality of the arbitration system,the efficiency,independence,confidentiality and professionalism ofarbitration award,as well as confirmation of arbitration and selective re-arbitration.The third part focuses on the optimization of the rules of PPP arbitration mechanism.From five aspects of legal agency legalization,evidence identification rules,arbitration consolidation rules,judicial review scope and public-private interest balance mechanism,the author puts forward some thoughts and direction on rules optimization.The fourth part conceives the perfect legal system of PPP agreement.Through drawing on the experience of extraterritorial PPP arbitration legislation,formulating the “Government and Social Capital Cooperation Law”,and clarifying the inclusion of PPP agreement in the scope of “Arbitration Law”,this paper puts forward recommendations and hopes to solve the PPP agreement legal disputes through a complete legal system.