Research On The Series Disputes Of Government Investment Promotion Agreement

In recent years,investment promotion has been an important task of governments in all levels.Local governments attract investors by means of initiated service and preferential policies for promoting employment and rapid development and improving competitiveness.However,there are more and more enterprises and market economy is improving more,so the dispute increases and lawsuit follows.The Administrative Procedure Law was revised and implemented on May 1,2015,which added administrative agreement into the scope of administrative cases for the first time in Item 11 of Article 12,but didn’t specify whether investment promotion agreement belonged to administrative agreement law.The author studied cases of investment promotion agreements and found that the dispute focused on the nature,effectiveness,application of law,administrative superiority right and remedies for breach of contract of the investment invitation agreement,in this paper,four sample cases related to this issue are selected.Comparing civil contract theory and administrative contract theory,and combining with practical experience,it’s necessary to determine investment promotion agreement as”administrative agreement”,trial through the people’s court in accordance with the norms of administrative laws and taking the government investment promotion into the legal track can better deal with the investment promotion and investment agreement disputes,The government needs to deal with the relationship between the government,companies and society during the implementation of the investment promotion agreement.Both parties can seek remedies in the form of rescinding the contract,compensating for losses,continuing performance and demanding payment of liquidated damages for breach of contract caused by violation of legal provisions,non-performance or incomplete performance of the agreement by both parties.The government is a party involving in the attraction of investment.The regulation on its own behavior of attracting investment has great significance.In the signing stage of the agreement,a risk allocation plan should be formulated to reasonably delimit the boundary of the rights and obligations of all parties.In the implementation stage of the agreement,the perfection of government supervision methods,the strength of the management of agreement performance,the introduction of mediation and notarization mechanisms,as well as the enhancement of communication,coordination and negotiation are necessary.By means of expert adjudication,renegotiating and signing supplementary agreements,and establishing multiple dispute resolution mechanisms,the disputes during the implementation of the agreement can be resolved.If the project cannot continue to be performed because of the breach of contract and other unforeseen factors,the partial performance of this agreement that can be performed shall not be unilaterally interrupted or terminated on the grounds of dispute unless there are clear provisions in laws and regulations or otherwise specially agreed,so as to avoid causing greater losses.