An bet365 new customer offer agreement is a contract reached by an bet365 new customer offer agency and the counterparty on the rights and obligations under bet365 new customer offer law,Contains equality、Consensibility、rational、Commitment、Autonomy and other elements;bet365 new customer offer Agencies Negotiating the Agreement、Entered、Performance、Change、Whether we abide by the law and keep our promises during the entire termination process、Faithful fulfillment,is an important indicator to measure the integrity of government affairs。
bet365 new customer offer agreements were once outside the scope of judicial review。The bet365 new customer offer Litigation Law revised in 2014 included bet365 new customer offer agreements within the scope of bet365 new customer offer litigation for the first time,Conducive to effectively protecting the legitimate rights and interests of the counterparty in the bet365 new customer offer agreement,Promote the rule of law government、Building an honest government。End of 2019,The Supreme People's Court issued the "Regulations on Several Issues Concerning the Trial of bet365 new customer offer Agreement Cases",Provides unified trial rules and judgment standards for the trial of bet365 new customer offer agreement cases。May 2021,The Supreme People’s Court released the first batch of ten typical bet365 new customer offer agreement cases。Among them,“Jiuding Company v. Chibei District Management Committee of Changbaishan Development Zone, Jilin Province、Jilin Province Changbaishan Development Zone Management Committee’s Failure to Fulfill the Investment Promotion bet365 new customer offer Agreement Case” (hereinafter referred to as the “Jiuding Company Case”),The court cited the principle of good faith、Make a judgment based on judicial interpretation,Reflects the "modestness" of the judiciary - the "respect" for bet365 new customer offer power that is highly professional and technical,It also demonstrates the "activity" of the judiciary - helping to optimize the business environment、The function of supervising the construction of government integrity。
【Basic case facts】June 2011,Requested instructions from the Chibei District Management Committee,Changbai Mountain Management Committee promises to handle preliminary procedures for Runsen Company、Commissioned Environmental Impact Assessment、Strive for policy and financial support to provide help and support in project preparation,Afterwards,Runsen Company and Jiuding Company signed an agreement to invest in concrete mixing stations,Jiuding Company has invested in construction。2014,Jiuding Company applied for environmental impact assessment procedures for this project,But it was not approved because the original site did not meet environmental protection requirements。2017,Changbai Mountain Management Committee Housing and Urban-Rural Development Bureau responded to the letter,It is impossible to select a qualified site in the existing urban area,It is recommended to temporarily choose the open space in BMW City。April 2018,Jiuding Company has been unable to reselect its address、Unable to continue operating,File an bet365 new customer offer lawsuit,Request to order the Chibei District bet365 new customer offer Committee and Changbai Mountain bet365 new customer offer Committee to handle preliminary procedures and site selection as soon as possible;If it is really impossible to choose a different location,Appropriate monetary compensation should be given。
【Judge summary】The case was finally heard after two trials。The court of first instance held that,The investment promotion agreement involved in the case is an bet365 new customer offer agreement,The commercial concrete mixing plant involved in the case did not meet environmental protection requirements due to its original location、When normal production cannot occur,The two management committees should fulfill their obligations under the agreement,Promptly handle preliminary procedures and site selection matters for Jiuding Company;If it is really impossible to relocate within the jurisdiction due to objective reasons,The project cannot proceed,The two management committees should handle the relevant losses of Jiuding Company in accordance with the law。Then it was ruled that the two management committees should perform their statutory duties within six months from the date of entry into force of the judgment,Handling preliminary procedures and site selection for Jiuding Company,Or handle the losses of Jiuding Company in accordance with the law。Chibei District Management Committee、Changbai Mountain Management Committee is not convinced,File an appeal。The second instance court held that,Jiuding Company’s bet365 new customer offer commitment based on the management committee,Invested and constructed as agreed。In the event of changes in relevant policies and licensing standards,The project has become a legacy issue in investment promotion,Chibei District Management Committee、Changbai Mountain Management Committee should deal with this。When it is objectively impossible to achieve the original investment purpose,Profits and losses of actual investors should be dealt with,Avoid harming the business environment。The appeal was dismissed,Uphold the first instance judgment。
【Case Analysis】Handling of the "Jiuding Company Case",First involves the identification of bet365 new customer offer agreements,It is a preliminary issue in deciding through which litigation channel the dispute will be resolved。The current bet365 new customer offer Litigation Law does not clearly define bet365 new customer offer agreements,According to the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of bet365 new customer offer Agreement Cases",bet365 new customer offer agreement refers to “the purpose of bet365 new customer offer agencies to achieve bet365 new customer offer management or public service goals,With citizens、An agreement concluded through negotiation between a legal person or other organization and containing rights and obligations under bet365 new customer offer law”。In this case,The court clarified that the local government and its functional departments reached an investment promotion agreement with the investment entity to provide a series of preferential policies in order to achieve public management functions or public service goals,bet365 new customer offer agreement。bet365 new customer offer agreement has both bet365 new customer offer and contractual attributes,Include it into bet365 new customer offer litigation settlement,Not a denial of its inherent contractual attributes,It is based on the unequal relationship between the parties in fact,Establish a positive interaction between the proper exercise of bet365 new customer offer power and the free spirit of contract,Better oversight of power、Protect rights、Balancing public and private interests。
The judgment of “Jiuding Company Case” clearly emphasized the government’s duty of good faith。Both the courts of both instances pointed out that: regarding the promises in the investment promotion agreement,bet365 new customer offer agencies have the obligation to perform in accordance with the law and contracts in accordance with the principle of honesty and trustworthiness。The principle of good faith is originally the “imperial clause” of civil law,It requires people to pay attention to credit in market activities,Pursue your own interests without harming the interests of others and the interests of society。With the deepening of cooperation between the public and private sectors and the integration of public and private laws,The territory of the principle of good faith gradually extends to public law。Currently,Our country already has an bet365 new customer offer licensing law、Civil Service Law、Many laws and regulations such as the "Regulations on Optimizing the Business Environment" have established the principle of good faith,The "Opinions on Accelerating the Improvement of the Socialist Market Economic System in the New Era" and other normative documents also stipulate this。2016,The "Guiding Opinions of the State Council on Strengthening the Construction of Government Integrity" is released,Special provisions are made on the construction of government integrity in the field of investment promotion: regulating the investment promotion behavior of local people's governments,Earnestly fulfill the policy commitments made in accordance with the law and various contracts signed、Protocol,Not allowed to change the government、Breaking the contract due to changes in relevant responsible persons and other reasons。Due to national interests、Public interests or other legal reasons require changes in government commitments and contractual agreements,To be carried out in strict accordance with legal authority and procedures,Compensate the property losses of relevant enterprises and investors in accordance with the law。Afterwards,Local governments have successively issued special implementation plans for government integrity construction,Further clarified the importance of building integrity in government affairs、General requirements and specific measures,Provides that the construction of government integrity must adhere to administration according to law、Government Affairs Disclosure、Diligence and efficiency、Keep your word and keep your promise、Basic requirements for punishment of breach of trust。
"Jiuding Company Case",bet365 new customer offer agencies have commitments first when attracting investment,After the investor’s funds were in place, the contract failed to be performed due to changes in relevant policies and licensing standards。Similar situations are by no means unique in the field of local government investment promotion。In recent years,Under the pressure of “GDP Championship”,To attract foreign investment、Invigorate the local market,Local governments often include more preferential policies and conditions in investment agreements signed with interested investors,But during the actual progress of the project,Many promises but failed to be fulfilled on time。The reason may be objective - such as the situation in the "Jiuding Company Case",It may also be subjective - in reality,It is not uncommon to see phenomena such as "new officials ignore old accounts", "people leave and cancel accounts", and "people change political interests"。bet365 new customer offer promises cannot be fulfilled,The bet365 new customer offer agreement cannot be performed or has been unilaterally changed,Resulting in early investment being wasted,Expected benefits cannot be realized,This is also the reason why the cooperation between government and social capital has been cold in many places in recent years,Social capital has many doubts、Important reasons for holding back。In the context of optimizing the business environment,Local areas are gradually realizing that the rule of law is the best business environment,Integrity government is the best business card for investment,People’s trust is a luxury that cannot be squandered。Government Integrity,It is a systematic project,Not a family effort。“Jiuding Company Case” was selected into the first batch of typical bet365 new customer offer agreement cases,Reflects the judiciary’s active use of the rule of law to establish government integrity、Value orientation of protecting public trust。
The basic principle of bet365 new customer offer law, the protection of trust interests, has also been fully reflected in the judgment of the "Jiuding Company Case"。The principle of protection of reliance interests requires bet365 new customer offer agencies to take action against existing behaviors、Facts、Status、Results etc.,Once the counterparty has formed reasonable trust, it cannot be changed at will;Related to the vital interests of market entities、Things and projects that have been agreed and committed in advance,Except for special circumstances,Everyone should fulfill their contract to the end。In this case,Investors invest in development and construction projects,It is based on the trust in the commitment made by the Development Zone Management Committee, a government agency。For the loss of profits suffered by investors due to reasonable reliance,The law has an obligation to protect。Therefore,The original location of Jiuding Company did not meet environmental protection requirements、Unable to produce normally,Unable to obtain the cooperation of the management committee in handling preliminary procedures and venue selection matters,When it is objectively impossible to achieve the original investment purpose,The court relied on the provisions of Article 21 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of bet365 new customer offer Agreement Cases": "The defendant or other bet365 new customer offer agencies due to national interests、Exercise bet365 new customer offer powers in accordance with the law when necessary for social and public interests,Causing the plaintiff to be unable to perform、Performance costs have significantly increased or losses have been incurred,The plaintiff requested an order to compensate the defendant,The People’s Court should support it”,Judgment that the two management committees should deal with the profits and losses of actual investors。
Establish government credibility、Boost social capital confidence、Deepen cooperation between government and social capital、Optimizing the business environment,Mainly rely on the efforts of the government itself,The judiciary should be modest about this,But when government integrity may be lacking,The judiciary should take responsibility,Give full play to the role of “the last line of defense in protecting citizens’ rights”。The "Jiuding Company Case" is a typical case issued by the Supreme People's Court,The significance is not only to fill the gaps in statutory law,Provide legal application standards and discretionary standards for the court to handle similar cases in the future,It also plays a positive role in building government integrity。On the one hand,Through incentives for governments that adhere to the principle of integrity,Establish intuition、Specific integrity standards,Prompt the government to sign a contract、Standardized performance behavior、Legalization;On the other hand,Serves as a deterrent to dishonest bet365 new customer offer agencies、The role of warning,Urge them to keep their promises、Correction of dishonest behavior、Perform relevant obligations。
(Author’s unit: Institute of bet365 new customer offer, Chinese Academy of Social Sciences)
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