Research On Judicial Review Of Local Government Investment Attracting Agreement In China

After several years of development,the local government-led investment attraction system has accumulated certain practical experience.Among them,the local government investment promotion agreement is the most important way to clarify the rights and obligations of local governments in the process of investment attraction.The research value of the agreement is not only reflected in the protection of the legitimate rights and interests of the parties to the agreement,the supervision of the exercise of local government authority,and the realization of the value of public interest.It even has certain research significance for the entire local government-led investment attraction system.Through the analysis of the judicial review cases of the local government investment promotion agreement,it is found that the practice circles are constantly controversial on issues such as the nature of the agreement,the choice of dispute relief model,the type of dispute and the application of law.At present,there are few legal provisions related to investment promotion by local governments.The Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Agreements implemented in 2020 have not included local government investment promotion agreements within the scope of administrative agreements,thus making ti more difficult for courts todetermine of the nature of the agreements.Judging from the current situation judicial review of investment invitation agreements of local governments,the specific manifestations of the agreement disputes are the inadequacy of the current legal norm system,the inconsistency of agreement recognition,the inconsistency of the agreement effectiveness judgment standard,and the improper exercise of the right to terminate the agreement.Incorporate the basic principles of the Administrative Procedure Law and the Supreme People's Court's Provisions on Several Issues Concerning the Trial of Administrative Agreements to strengthen restrictions on administrative power,promote the construction of a credible government,and protect the legal rights and interests of social capital partners in accordance with the law.The agreement is regarded as an administrative agreement with its rationality and necessity.On the basis of characterizing the local government investment attraction agreement as an administrative agreement,it also improves the judicial review path such as the scope of the agreement's acceptance,the effectiveness standard,the performance review and the regulation of the right to cancel.