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专家:存量PPP项目合同纠纷解决先选对 “球门”
Jing Ji Guan Cha Bao· 2025-12-28 01:48
Group 1 - The core issue in PPP project disputes is to determine whether the dispute falls under civil or administrative jurisdiction, which directly affects the subsequent procedures and rights protection [1] - The clarification of PPP contract attributes is crucial not only for resolving individual project disputes but also for the healthy development of the entire industry [1] - Since 2014, China has actively promoted the implementation of the PPP model, with a peak investment amount exceeding 16 trillion yuan, covering nearly all public service sectors [1] Group 2 - The "dual classification" approach used by courts assesses contracts based on their purpose, rights and obligations, and the identities of the parties involved [2] - Most courts tend to classify PPP contracts as administrative agreements due to their inherent public service attributes, leading to a predominance of administrative litigation [2] - Current challenges in administrative litigation for PPP agreements include difficulties in filing lawsuits, case acceptance, adjudication, and enforcement [2][3] Group 3 - The low jurisdictional level poses a challenge, as many PPP contracts are signed by local agencies, leading to cases being heard only in grassroots courts, which can hinder overcoming local protectionism [3] - It is recommended that when disputes arise, parties should clarify the resolution path, such as opting for arbitration through designated local institutions or seeking neutral arbitration to minimize procedural disputes [3]