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The Study Of Local Government Investment Promotion Contract Issue

Posted on:2017-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:C H LiuFull Text:PDF
GTID:2296330485465437Subject:legal
Abstract/Summary:PDF Full Text Request
Investment promotion and capital introduction, in recent years, is an important way for the local government and the economic and technological development zone to develop regional economy, and, in some places, investment promotion and capital introduction have achieved good results, and promote the local economic development and prosperity. Investment promotion and capital introduction according to the different classification standards can be divided into different types, which according to the investment main body, investment promotion and capital introduction can be divided into the government’s investment promotion and capital introduction,development zone investment, enterprise investment promotion and capital introduction and intermediary investment promotion and capital introduction. In this paper, only studies on investment promotion and capital introduction which the local government(development zone) as the investment main body.Investment promotion contract is the implementation of local government’s investment promotion and capital introduction of one of the most main way, so investment promotion contract is widely used in practice. Accompanied with, the dispute caused by investment promotion contract is also more and more. Combining with the judicial practice and the government’s investment promotion and capital introduction practice, at present, disputes caused by the government’s investment promotion contracts mainly reflected in three aspects, the fist one is the argument about the nature of the government investment promotion contract. Now,there are three kinds of views about this argument, one view is that the government investment promotion contract is administrative contract and one point think it is civil contract,another point think it is contract administration typed processing. The second one is about the validity of the government investment promotion contract. In practice, there are parts of the government investment promotion contracts are effective blemish. The mainly reasons are the main body haven’t the right to sigh the government investment promotion contracts, besides, the content of the government investment promotion contracts are illegal, as well as the procedures to sign contracts are illegal. The last one is the issue of investment promotion contract liability for breach of contract. For the nature of the government investment promotion contract, this article from the perspective of the combination of form and essence standard,and concluded that the government investment promotion contract is administrative contract in nature.The reason why widely exist influencing factors of investment promotion contract effectiveness, is that, firstly, the lack of government investment promotion and capital introduction of specialized laws and regulations at present; Secondly, the local government investment promotion and capital introduction competition is intense,causes some local governments tend to be blind in the process of investment promotion and capital introduction; Third, the current laws, regulations, and policies of soft constraints. Then, in order to reduce the impact on the government investment promotion contract effectiveness in practice, we can Try from the following several aspects. On the one hand, to enact the laws and regulations of the investment promotion and capital introduction; On the one hand, to change the current performance evaluation system and the government’s notion; On the other hand, to strengthen execution of laws and regulations. In the performance of the contract, no matter for local government or investors, there are some situation that contracts are broke. local governments’ mainly way to bear the liability for breach of contracts include continuing to perform the contract, or be liable for damages, or pay liquidated damages, etc. The way investors be liable for breach of contract mainly include actual performance, undertake administrative sanctions consequences, damages, be lifted pay liquidated damages, etc.
Keywords/Search Tags:Investment promotion and capital introduction, the nature of contract, validity of contract, Liability for breach of contract
PDF Full Text Request
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