Research On Dispute Resolution Mechanism Of PPP Project Contract

In recent years,China has vigorously promoted the development of PPP,and local governments have issued relevant policies to promote PPP model in local areas.With the vigorous promotion of the government,the PPP model has been widely developed in China.However,due to the lag of legislation,the legal supporting supply system is seriously inadequate when our government and social capital cooperate,and the dispute settlement mechanism about PPP project contract can not adapt to the current development.The essence of PPP mode is "PPP = administrative action + project contract +contract behavior".PPP project contract is the foundation of PPP project implementation and the core of contract system.To study the dispute resolution mechanism of PPP project contract,we should first clarify the legal nature of its project contract.PPP project contract has both the attributes of administrative contract and civil contract,so this paper takes "the nature of contract-the choice of solution path" as the logical fulcrum to solve the contract disputes of PPP project.At present,our country’s PPP project contract dispute resolution mechanism shows inadequate legislative and practical response.The deficiencies in legislative response mainly show the characteristics of low rank of legal effect,conflict of legal norms of the same rank,conflict of lower law and upper law.In practice,China’s PPP project dispute resolution mechanism shows that the traditional litigation relief is difficult to properly resolve PPP disputes,judicial judgment views are contradictory,PPP project supporting regulatory mechanism and dispute resolution mechanism are inadequate to deal with.Lack of legislation and practice seriously restricts the resolution of PPP project disputes,and affects the sound development of China’s political and economic.In order to construct the solution of PPP disputes in China,we should adhere to the principle of balancing administrative preferential rights and contractual freedom,and ensure that all kinds of disputes in PPP project contracts can be solved by corresponding means.At present,the construction of PPP project contract dispute resolution project mechanism in China should first improve legislation and improve the way of dispute relief in legislation.In the context of increasingly complex PPP legal relationship,China can explore arbitration mode and expert award mode in the future,in order to build a more scientific PPP project contract dispute resolution mechanism.