PPP协议应用现状及纠纷救济机制探索

随着社会经济的快速发展,政府和社会资本合作的PPP模式应运而生,并发展得如火如荼。2019年底,最高法发布审理行政协议案件的司法解释,明确了符合四要素的PPP协议为行政协议,学界和实务部门对此争议不断。基于此,本文从《行政协议案件规定》出台前后对PPP协议的法律性质进行分析,通过检索案例并结合司法实务中的困境,针对PPP协议纠纷救济机制提出相应的合理化建议,以期在一定程度上推动PPP项目在我国的长远发展。

The Application Status of PPP Protocol and the Exploration of Dispute Relief Mechanism

With the rapid development of social economy, the PPP model of cooperation between government and social capital arises at the historic moment, and develops well. At the end of 2019, the Supreme People’s Court issued a judicial interpretation for the trial of administrative agreement cases, which defined the PPP agreement that conforms to the four elements as an administrative agreement, which was constantly disputed by academic and practical departments. Based on this, this paper analyzes the legal nature of PPP agreement before and after the issuance of Administrative Agreement Case Regulations, and puts forward reasonable Suggestions for the PPP agreement dispute relief mechanism by searching cases and combining with the difficulties in judicial practice, so as to promote the long-term development of PPP project in China to a certain extent.