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On The Confirmation Standard Of Government Investment Promotion Agreement And Its Judicial Relief Mechanism

Posted on:2022-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ZhangFull Text:PDF
GTID:2506306521978809Subject:Law
Abstract/Summary:PDF Full Text Request
Government investment promotion is one of the ways for the government to seek development and fulfill its administrative duties after the country’s reform and opening up.The government’s investment promotion activities have gradually become one of the powerful measures to promote local social and economic progress and prosperity.The government investment promotion agreement is an important basis for the government as the main body of investment promotion and the counterparty of the agreement to clarify their rights and obligations,and when disputes occur.Through the combing of judicial cases in recent years,it is found that in the practical handling of government investment invitation agreement disputes,the confusion of civil and administrative litigation has continued to accept agreement disputes.The nature of investment invitation agreements and how the parties should choose litigation there are no clear and uniform rules of judgment in the procedures,which leads to the frequent occurrence of different judgments in the same case in judicial practice,and the rights and interests of the parties to the agreement are not effectively protected.So far,there are few laws and regulations related to government investment promotion.The Administrative Litigation Law of the People’s Republic of China,which was implemented in 2015,included administrative agreements into the scope of administrative litigation.The judicial interpretations of the same year alleviated the nature of some administrative agreements contention.However,whether unnamed agreements,including government investment invitation agreements,are administrative agreements in nature,and whether they are subject to administrative litigation procedures to be tried by the law,there is still no clear stipulation in the law.In the "Views of the Supreme People’s Court on a number of issues relating to administrative agreements" implemented in 2020,the newly enumerated administrative agreements do not explicitly include government investment invitation agreements and only the government-social capital cooperation agreement that conforms to the connotation of the administrative agreement is included in the scope of the administrative agreement.The identification of the nature of the government investment promotion agreement is of vital importance to the balance of rights and obligations,the right relief method,and the degree of relief.It is the first issue that should be resolved in the government investment promotion agreement dispute.Through case analysis,this article clarifies the identification standards of investment invitation agreements in judicial practice,and combines the relevant provisions of the "Law of Administrative Procedure" and "Views of the Supreme People’s Court on a number of issues relating to administrative agreements" to regulate administrative agreements.Analyze the applicability of defining the government investment invitation agreement as an administrative agreement.On the basis of defining the government investment invitation agreement as an administrative agreement and incorporating it into administrative litigation,construct and improve the relevant judicial relief mechanism.The standardization of dispute resolution in government investment promotion agreements will have a profound impact on promoting the construction of responsible government,honest government,and rule of law government.
Keywords/Search Tags:Government Investment Promotion Agreement, Recognition standard, Administrative agreement, Judicial relief
PDF Full Text Request
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