Administrative Agreement is a contract reached by the rights and obligations of the administrative agency and the counterparty of the counterparty，It contains equality、Apocalypse、Reason、Promise、Autonomous and other elements; Administrative Organs' negotiations in the agreement、Establishment、Performance、Change、Whether the end of the termination of the law is abide by the law、Faithful Performance，It is an important indicator for measuring government integrity。

Administrative Agreement was once away from the field of judicial review。The Administrative Procedure Law revised in 2014 to the scope of administrative agreement into the scope of administrative litigation，It is conducive to effectively guarantee the legitimate rights and interests of the counterparts in the administrative agreement，Promoting the government of rule of law、Construction of Integrity Government。At the end of 2019，The Supreme People's Court issued the "Provisions on Several Issues on the Council of the Political Consultative Conference"，Provides a unified trial rules and referee standards for the trial of the CPPCC。May 2021，The Supreme People's Court focused on the first batch of typical cases of a total of ten administrative agreements。Where，"Jiuding Company sued Jilin Governor Baishan Development Zone Chiibei District Management Committee、Jilin Governor Baishan Development Zone Management Committee does not fulfill the Proposal of China Promotional Political Consultative Conference "(hereinafter referred to as the" Jiuding Company Case ")，Court quoted the principle of integrity、Make a judgment based on judicial interpretation，It embodies the "humility" of justice -"respect" for professional and technical administrative power，It also shows the "motivation" of justice -help the business environment optimization、The function of supervising the construction of government affairs。

【Basic Case】 June 2011，Please instructions of bet365 best casino games the Management Committee of the North District of the Chi Chi，Changbai Mountain Management Committee promised to go through the procedures for Runsen Company、Entrusted EIA、Help and support for the preparation of policy and funding support，Subsequent，Runson Company and Jiuding Company signed an investment dealer concrete mixing station agreement，Jiuding Company conducted investment construction。2014，Jiuding Company Apply to apply for an environmental assessment procedure for the project，But because the original selection does not meet environmental protection requirements, it has not been approved。2017，Changbai Mountain Management Committee Housing and Urban -Rural Development Bureau issued a letter and re -name，The existing urban areas cannot choose the eligible site selection place，It is recommended to temporarily choose to go to the open space in BMW。April 2018，Jiuding Company has not been able to re -select the address、Unable to continue operation，Promoting administrative lawsuit，Request to order the Chiibei District Management Committee and the Changbai Mountain Management Committee to go through the preliminary procedures and site selection matters as soon as possible;，Appropriate currency compensation should be given。

[Referee The purpose] The case after the trial of the two trials。The court of first instance thinks，Case involved in the investment promotion agreement is administrative agreement，In the case, the concrete concrete mixing station of the case does not meet the requirements of environmental protection because the original site does not meet the requirements of environmental protection、Under the circumstances that cannot be produced normally，The two management committees shall fulfill the agreement of the agreement，For Jiuding Company to go through the preliminary procedures and site selection matters in a timely manner;，The project cannot continue to advance，The two management committees shall deal with the relevant losses of Jiuding Company in accordance with the law。Then the two management committees will perform the legal duties within six months from the date of effectiveness，Stay for the preliminary procedures and site selection of bet365 Play online games Jiuding Company，or the loss of Jiuding Company is dealt with in accordance with the law。Chiibei District Management Committee、Changbai Mountain Management Committee is not convinced，A appeal。The court of the second instance believes，Jiuding Company based on the administrative promise of bet365 best casino games the Management Committee，Investment construction according to contract。In the case of changes in the relevant policies and license standards，The project becomes a problem left by China Merchants，Chiibei District Management Committee、Changbai Mountain Management Committee shall deal with this。Changbai Mountain Management Committee shall deal with this，It should be treated with the profit and loss of actual investors，Avoid infringing the business environment。Then the judgment rejected the appeal，Maintain the first trial judgment。

[Case Evaluation] Treatment of the "Jiuding Company Case"，First involved the identification of administrative agreement，It is a prerequisite for determining the dispute to solve the problem of the dispute.。The definition of the administrative agreement of the current administrative proceedings has not been clarified，According to the "Provisions on the Supreme People's Court on Several Issues on Trial Council of the Political Consultative Conference"，Administrative agreement refers，with citizen、Agreement with the content of administrative law and obligations entered into the correction of legal person or other organizations "。In the case，The court clarified that local governments and their functional departments to give a series of preferential policies to achieve public management functions or public service goals and investment entities，belonging to an administrative agreement。Administrative Agreement has both administrative and contractual dual attributes，Incorporate it into an administrative litigation solution，Non -denial of its inherent contract attribute，but based on the facts in the facts between the parties，Establish a positive interaction between the legitimate exercise of the administrative power and the freedom of the contract，better supervise power、Protection rights、Balance public and private interests。

The "Jiuding Company Case" judgment has clearly emphasized the government's integrity obligation。Bet365 app download The courts of the two trials all pointed out that the promise in the investment promotion agreement，Administrative organs have the obligation to perform in accordance with the principle of honesty and trustworthiness in accordance with the law。The principle of integrity is the "emperor clause" of civil law，It requires people to pay attention to credit in market activities，Pursuing your own interests premise that it does not harm the interests of others and social interests。With the deepening of the cooperation between the public and private sector and the integration of the public and private law，The territory of the principle of integrity has gradually expanded to public law。Current，my country's existing administrative license law、Civil Service Law、The "Optimized Business Environment Regulations" and other laws and regulations have established the principle of integrity，"Opinions on Accelerating the improvement of the socialist market economy system in the new era" and other standardized documents have also stipulated this。2016，"Guidance Opinions on Strengthening the Construction of Government Affairs in the State Council" issued，Among them, the construction of government integrity construction in the field of investment promotion is specifically stipulated: regulating the local people's government investment promotion behavior，Earnestly fulfills the policy commitments made in accordance with the law and all kinds of contracts signed、Agreement，No government can be re -elected、Related responsible persons and other reasons to destroy the contract。Because of national interests、Public interests or other statutory reasons to change government commitments and contracts，It is necessary to strictly follow the legal authority and procedures，and compensate the property loss of related companies and investors in accordance with the law。Subsequent，Local governments have successively introduced the special implementation plan for government integrity construction，Further clarify the significance of the construction of government integrity、Overall requirements and specific measures，Standards the construction of government affairs integrity and adhere to bet365 Play online games the administration according to law、Government Affairs Open、High -efficiency、Nivisible Practice Nobel、Basic requirements for disciplinary punishment。

"Jiuding Company Case"，Administrative organs have promised to be first when attracting investment，After the investor's funds are in place, they fail to perform due to the changes in relevant policies and license standards。Similar situations are by no means an example in the field of investment promotion in local governments。In recent years，Under the pressure of the "GDP Championship"，To attract foreign investment、Working local market，Local governments often include more preferential policies and conditions in the investment agreement signed with interested investors，But in the process of the project's actual advancement process，Many promises have not been fulfilled on time。The reason may be objective -for example, the situation in the "Jiuding Company Case"，It may also be subjective -reality，If the phenomenon of "new officials ignore the old account", "people take accounts", "people change political and interest" are not uncommon。Administrative promise will not be fulfilled，Administrative Agreement is not possible to be changed by unilaterally，As a result，The expected income cannot be realized，It also caused government and social capital cooperation to encounter cold in many places in recent years，Social capital doubts、The important reasons for wrapping the feet。In the context of optimizing the business environment，Local gradually realized: rule of law is the best business environment，The integrity government is the best investment business card，The trust of the public is a luxury that cannot be splurked at will。Government Integrity，Is a system engineering，instead of a family。"Jiuding Company Case" was selected into the first batch of typical cases of administrative agreement，It reflects the active use of the rule of law to establish government integrity、Value orientation of the trust of the people。

Basic principles of trust in the protection of interests also have been fully reflected in the "Jiuding Company Case" judgment。The principle of trust in the protection of interests requires administrative organs bet365 Play online games for existing behaviors、Facts、Status、Results, etc.，Once a rational trust is formed, it must not change at will;、Affairs and projects that have been promised in advance，If not special circumstances，All should be fulfilled to the end。In the case，Investors' entry and development and construction project，It is based on the trust of the commitment to the government's government -dispatched agency for the development zone management committee。Loss of interests suffered by investors due to reasonable trust，Law obligations to protect。So，In Jiuding Company because the original site does not meet the requirements of environmental protection、Unable to produce normally，Failure to get the cooperation of bet365 best casino games the Management Committee and the site selection matters，Changbai Mountain Management Committee shall deal with this，The court shall be in accordance with Article 21 of the "Supreme People's Court on Several Issues on Trial of the Council of the Political Consultative Conference": "The defendant or other administrative agencies due to national interests、The needs of the public interest in the social public in accordance with the law，Leading the plaintiff's performance cannot、Performing costs have increased significantly or suffered losses，The plaintiff requested to order the defendant to give compensation，The People's Court should support "，The judgment of the two management committees should deal with the profit and loss of actual investors。

Establish government credit、Promote social capital confidence、Deepen government and social capital cooperation、Optimize the business environment，Mainly relying on the efforts of the government itself，Judicial should be humble about this，But under the situation where the integrity of government affairs may be missing，Justice should be responsible，Give full play to the role of "the last line of defense of citizen rights protection"。"Jiuding Company Case" as a typical case released by the Supreme People's Court，The significance is not only to make up for the gap of grammar，Provide legal applicable standards and tailor scale for the court to deal with similar cases in the future，It is even more positive for the integrity of government affairs。On the one hand，Bet365 lotto review Incentives to the government that complies with the principle of integrity，Establish intuitive、Specific integrity standards，Promote government contract、Standardized performance of performance、rule of law; on the other hand，A deterrent to the administrative organ of the dishonesty、The role of warning，Urges it to keep his promise、Correction of dishonesty、Performing relevant obligations。

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