Research On The Dispute Resolution Mechanism Of PPP Agreement

The PPP model has developed rapidly in my country due to its unique advantages,but at the same time it has also produced many problems.Due to the public and private nature of the PPP agreement,there have been controversies in the theoretical circles regarding the determination of the nature of the PPP agreement and how to establish a related dispute resolution mechanism.The Supreme People ’ s Court issued the "Regulations on Several Issues Concerning the Trial of Administrative Agreement Cases"(hereinafter referred to as"Administrative Agreement Regulations")once again intensified this dispute.This regulation recognizes most PPP agreements as administrative agreements and attempts to establish a unified dispute resolution mechanism for administrative litigation.This concept is obviously not mature enough.On the one hand,the regulations actually endow the government with administrative preferential rights in the PPP agreement.The unidirectional characteristic of administrative litigation strengthens the exercise of administrative preferential rights.In addition,administrative litigation still has limited mediation and protection against social capital.The unreasonable relief of the parties is limited;on the other hand,the exclusion of arbitration in the Administrative Agreement Regulations is also not conducive to the effective settlement of disputes.Such a dispute resolution mechanism does not conform to the court’s thinking on hearing related PPP cases,and will seriously violate the foundation of PPP cooperation,which is not conducive to the sound development of my country’s PPP model.In this regard,we should learn from the German two-stage theory,construct a PPP agreement dispute resolution mechanism that is in line with my country’s actual thinking,and improve the administrative litigation system of the PPP agreement,and focus on the system construction of the non-litigation dispute resolution mechanism,which is the PPP The good development of the model in our country is escorted.