A Comparative Study On The Dispute Resolution System Of Public-private Partnerships Between China And United States

With vigorous promotion of the Public Private Partnerships(PPP),many conflicts grows during the progress of development.But the dispute resolution methods for its projects within the current legal framework are confusing and contradictory.Therefore,in order to learn experiences from other foregin country for helping to establish Chinese own dispute resolution system of PPP,this thesis focuses on the comparative research method,through the way of the enumeration,comparing the PPP model in both China and U.S.from its historical origin to the currently uses.In addition,this thesis is trying to make recommendations for the establishment of a dispute resolution system in China based on analyzing both countries' political,economic and culture background.In addition to the introduction and conclusion,the thesis establishes the argument system with five parts:The first part is an overview of the practice of Public Private Partnerships between China and the United States.This chapter analyzes the similarities and differences between two countries in the process of PPP projects.Also,comparing the generalization of PPP connotation with the respective legislative and academic views of the two countries,and visually compare the operational modes of PPP.It is also showing up the comparison is starting from the "origin".The second part is the institutional environment of Public Private Partnerships in U.S.and China.After listing the legal environment and legislation of PPP in two countries,we found both countries exist various disputes and the importance of a good dispute resolution system for long-term cooperation in PPP is more and more necessary.Thus,it leads to the further research about comparison of dispute resolution system between U.S.and China.The third part is about the adjustment scopes of PPP's dispute resolution system between U.S.and China.This chapter analyzes the differences and similarities in nature of PPP-related disputes by comparing two countries' disputes,the types of disputes and the factors of disputes.This structure of analyzing also paves the way for the rest of the researches about how they resolve the disputes.The fourth part is about the paths of the PPP's dispute resolution system between U.S.and China.Starting from comparing the legislation of PPP in both two countries,this chapter sorts out the legal provisions related to dispute resolutions,and analyzes the basic structural similarities and usage patterns of the dispute resolution mechanisms mainly used.The comparison shows that thees two countries mainly rely on negotiation,mediation,arbitration and litigation in the main ways of use,while the United States has a layer of mandatory relief in administration level because of the government contract.In addition,there are more willings to use diversified ADR process than the litigation in U.S.for solving the disputes.The fifth part is the enlightenments from the comparison of PPP's dispute resolution system between U.S.and China.There are some experiences that China can learn based on the conclusions of the analysis in the first four chapters and the rich experience of American ADR model.Additionally,combined with the problems existing in the establishment of dispute resolution system and the characteristics of the national conditions in our country,it is considered that we should hand over the right of choice of the PPP's dispute resolutions to the parties on the basis of unifying the legislative provisions.Then,constructing a complete dispute resolution system with pluralistic integration and compulsory relief procedure.