Empirical Study On Legal Risk Of Local Government Investment Project Contract

In the process of our country's economic development,investment promotion has gradually become one of the important means for local governments to promote economic and social development,and it is also the driving force source for realizing regional economic transformation and spanning development.In the process of attracting investment,local governments will sign investment promotion project contracts with investors.Whether the investment promotion project contract is a civil contract or an administrative contract,there are different views and understandings.In addition,in order to encourage investment promotion,Governments at all levels will often make certain incentives,preferential policy commitments or agreements in their contracts,and these commitments or agreement clauses are likely to have different levels of legal risk,mainly related to land,bidding,taxation and other laws and regulations.The result is that the contract can not be fulfilled and the business investment project can not be implemented normally,which hinders the sustainable development of the local economy to a certain extent.This thesis starts from the concept of the investment project contract,systematically expounds the legal nature of the investment project contract,the existing legal risks involving land,bidding,taxation,etc.,and the causes of legal risks.Specific and clear countermeasures against legal risk are put forward.This paper holds that the local government investment promotion project contract is a civil contract,and on this basis,the legal risk exists for the contract.Specific preventive measures are put forward,including unified theoretical understanding,strengthening the legislation of local government investment project contracts,strengthening the rigid constraints of the model text of investment project contracts,and improving the review system of investment project contracts.Through these measures to reduce the legal risks existing in the contract,ensure the smooth implementation of the project,promote the healthy development of the local economy.