Research On The Judicial Path Of Government Investment Disputes

Along with the reform and development of the market economy system,the government investment as one of the main power in the social and economic development,through the contract form to determine the rights and obligations relationship with the other party has a lot of practice,and there are more and more disputes.The recognition and relief mode of the similar government investment promotion agreement signed by the government investment promotion and other investment activities has always been controversial in the judicial practice.On the other hand,the administrative agreement has been widely existed in China,but the scope of accepting it in the case of administrative litigation is the result of the long dispute in the field of administrative law.In our country,the provisions of the administrative contract system,the supreme people's court of normative administrative cases by notice publish [2004] no.2(method),in the case of "not as a class sponsored by the constituent elements and the methods to determine",including "v.XX(administrative subject)fails to perform the administrative contract obligation",and "administrative contract" as a kind of administrative act shall be determined.With court case shall gradually rise,practice and theoretical circle around the issue of judicial review of administrative contract cases generated heated discussion,mainly includes the scope of accepting cases of administrative contract case,contract disputes way of dispute solution and sentence types.In order to solve a series of problems left over by the administrative procedure law in 1989,the revision of administrative procedure law was put on the agenda.The new administrative procedure law was finally released in October 2014 after deliberation and discussion at the meeting of the standing committee of the National People's Congress.One of the most significant change is the administrative agreement dispute into a solution in the scope of accepting cases of administrative litigation,and specifies the way of administrative agreement and applicable law,it is better for dispute resolution.However,there is no uniform and scientific standard for how to identify administrative agreements and civil agreements,which has always been a problem in theory and practice.Therefore,this article mainly from the following three aspects: based on the government investment behavior of related agreement(the following referred to as the government investment agreement)and the properties of study of legal way to solve the dispute:The first part,the summary analysis of government investment behavior through discusses the connotation and characteristics of government investment behavior,mainly analyzes the type of government investment behavior,to determine the main object of this study.The second part,mainly studies the legal relation of the government investment behavior,based on the definition of its legal attribute,and combining the relevant theories of relevant lawmakers and famous scholars,demonstrate the advantage of government investment agreement as a public law contract,and the legal way to solve the government investment disputes are analyzed.The third part is the concrete exploration of the judicial solution path of the government investment dispute,which is the exploration of the judicial review path of the government investment agreement as the administrative agreement.The essence of administrative litigation is to expound the problem mainly from the scope of accepting cases,the qualification of litigation subject,the rule of law and the way of judging.