| The government-to-private partnership(PPP)agreement,as a bridge for public-private cooperation,is a contract between the government and the private party in a PPP project that grants them specific rights to participate in infrastructure construction and public utility services.Administrative.Due to the long period of the PPP agreement,a large number of disputes occurred during the actual implementation process,among which the disputes caused by the unilateral cancellation of the PPP agreement by the government accounted for the highest proportion.Dealing with this dispute is of great significance for protecting the legitimate rights and interests of the parties to the agreement,supervising the government’s exercise of power,and the realization of public interests.This article is mainly divided into three parts to study the judicial review of the unilateral termination of the PPP agreement by the government.The first part,on the basis of clarifying the connotation of PPP,defines the scope of the PPP agreement studied in this article,and lays the foundation for the retrieval and analysis of the following cases.The PPP agreement is an imported system,and the relevant theories are currently controversial.This article believes that the study of the judicial review of the unilateral termination of the PPP agreement by the government should not be limited to the established theory but should be based on practice.In the second part,through the investigation of typical cases,it is found that the current judicial review of unilateral termination of PPP agreement in my country mainly has the following problems: the application of judicial review mode is different,the review standard for the effectiveness of unilateral termination of PPP agreement by the government is not unified,and the judgment result is against the counterparty.Insufficient protection of legitimate rights and interests.On the whole,judicial practice presents a disordered situation of different judgments in the same case.In the third part,through the analysis and research of the above issues,this article proposes to improve the government’s unilateral termination of the PPP agreement judicial review recommendations mainly as follows: for the first time,the administrative litigation classification review mode should be established.The administrative tribunal accepts cases in a unified manner,does not identify and divert the types of disputes at the stage of filing a case,and resolve related disputes with civil litigation attached to administrative litigation.Second,supplement the principle of contractual review and construct a two-way litigation structure for administrative litigation.Third,unify the review standards for the legality of unilateral dissolution.By determining the elements of legality review,strengthen the review of the legitimacy of the purpose of the government’s cancellation of the PPP agreement,and regulate the exercise of unilateral cancellation rights through due process.Finally,the judgment method is based on dispute resolution.To make judgments on the plaintiff’s litigation,and give the social capital the right to choose civil or administrative compensation.So as to resolve disputes in a substantive way. |
