Research On The Dispute Resolution Mechanism Of PPP Project Contracts

As a mechanism innovation designed by the government to realize the public interest,the government and social capital cooperation model(PPP)plays an important role in giving full play to the endowment advantages of government departments and stimulating the unlimited potential of social capital.However,within the current institutional framework,the current PPP project contract dispute resolution mechanism has fallen into a situation of inefficiency and dilemma.The main manifestations are the theoretical divergence of relief mode choice under litigation settlement mode,the lack of overall system design of dispute settlement at legislative level,and the failure of relevant non-litigation dispute settlement mode at practical level.Among them,the wrong logic of judging contract attributes of PPP projects in theory and practice,that is,"Contract Attributes = Controversial Focus Attributes",has led to the actual dislocation of the choice of dispute resolution methods for PPP projects.Therefore,in the choice of judicial relief mode,we need to integrate the judgment of "Focus of Dispute" and take the specific disputes of the contract as the basis for the choice of relief mode in order to replace the traditional judgment mode of contract attributes.In addition,in the construction of the mechanism,it is necessary to unify the legislative concept and clear the legislative model.At the same time,it is necessary to strengthen the system design of non-litigation settlement,optimize the links between the internal modes of dispute settlement mechanism,and strengthen the external administrative guarantee of dispute settlement mechanism,so as to achieve the effect of two-way optimization of theory and practice.