Exploration Of Diversified Settlement Paths For PPP Disputes

The construction of service-oriented government is the goal of reform for most countries in the world,and it is also the continuous efforts of our country in recent years.The service-oriented government requires the transformation of government functions from "social management" to "social governance".At the same time,it also means increasing the supply of public goods to society.Public-private partnership(PPP mode)began to enter the public's vision in this context.The partnership of PPP model is that the government and social capital using their own advantages and a series of contractual arrangements to achieve the public purpose.PPP is also an important way for the government to provide public services and infrastructure construction.However,at present,our country has not yet formed a more mature PPP model,and the lack of relevant legislation and system lead to a situation that the problems of practice can not be solved.Because of the needs of practice,the same or similar problems form a variety of practices.At the same time,the PPP model has formed a different academic point of view in theory,concentrated in the different PPP dispute solution.First,there has been no unified understanding on the nature of the PPP dispute and the classification standard of the type of PPP dispute,which affects the choice of the dispute settlement mechanism.Second,there are differences in the settlement of the dispute between the existing relevant legislative documents and the dispute settlement of the dispute between the two parties and the court in the practice of the dispute settlement of the PPP.Because of imperfection of the mechanism for dispute settlement and different judicial practice and standard,the result of dispute settlement is not satisfactory.Therefore,it is necessary to comb,improve,innovate and combine the PPP model,the PPP dispute and the corresponding solution mechanism to form a more scientific,systematic and reasonable solution to the PPP dispute settlement system.In addition to the introduction and conclusion,the thesis is divided into four chapters.The first chapter introduces the PPP mode and PPP dispute briefly,and forms the basic understanding of PPP mode and PPP dispute.On this basis,we discuss the nature of PPP dispute,and clarify the mixed nature of PPP dispute.The second chapter mainly introduces and analyzes the PPP dispute settlement mechanism.On the one hand,this chapter introduces,analyzes and summarize the experience of South Korea,France,the United States PPP dispute settlement mechanism;on the other hand from four kinds of PPP dispute dispute legislation,characteristics,solution of domestic practice in three aspects of PPP dispute settlement mechanism,and thus the PPP dispute settlement mechanism to form the overall understanding.The third chapter discusses the existing difficulties of the existing PPP dispute settlement in China.This chapter analyzes the obstacles or problems facing the current PPP dispute settlement mechanism in China in two aspects,non litigation and litigation.The fourth chapter puts forward the proposal of the choice of the settlement of the dispute settlement of PPP disputes in China.In this chapter,the three chapters above have made the full demonstration based on the value orientation of traditional procedural law combined with the ideal of current " the system of multi-level dispute resolution construction" and the concept of "procedural justice",to explore the PPP diversified dispute resolution path,and to expect to form the organic unity of the PPP dispute settlement system.