Research On Administrative Compensation Related Issues Caused By Government Franchise Agreement

Since the introduction of the government franchising model in China,the government franchising model has developed from the initial hydropower,gas,and public transportation to different fields such as energy,municipal,and so on.With the increasing scope of application,it is inevitable that there will be situations where administrative organs violate laws and regulations and cause losses to civil subjects.Therefore,the number of civil subjects claiming administrative compensation from administrative organs has gradually increased,This article discusses the issue of civil subjects claiming administrative compensation for losses caused by administrative agencies’ illegal breach of contract during the entire process of signing and performing government franchise agreements.The current social market environment is quite different from the situation at the beginning of the signing of most government concession agreements.Therefore,administrative agencies have taken actions such as non fulfillment,unilateral modification,and termination of government concession agreements based on social and public interest considerations.In this situation,it is worth exploring how civil subjects can maintain their rights.In addition,due to different legal norms applicable to different situations,the signing procedures for government franchise agreements have also been continuously updated,ranging from the initial conclusion of contracts through investment promotion negotiations to the current need to obtain franchise rights through bidding,auction,or competitive negotiation in accordance with the law.Local governments have committed various illegal acts such as failing to bid in accordance with the law,concluding contracts through competitive negotiation,and failing to disclose bidding information in accordance with the law,As a result,the civil subject participating in the bidding process is subsequently forced to terminate the agreement,resulting in dual losses that cannot be recovered from the initial investment and cannot be obtained from the expected income.Therefore,how to claim administrative compensation for the civil subject in this process is also a key point of this article’s discussion.This article analyzes the current research status of government franchising agreements,evaluates problem analysis methods,and explores the causes,research status,legal basis,and other aspects of administrative compensation issues caused by government franchising agreements.At the same time,it combines the failure to disclose information in accordance with the law before signing the government franchising agreement,failure to establish conditions in accordance with the law,and failure to issue bid winning notices We conducted research and analysis on the judicial review situation in situations where the scope of franchise agreement is unclear and the government fails to fulfill or illegally changes or terminates the government franchise agreement during the performance process of the government franchise agreement.We identified the shortcomings of the system and legal system.By further analyzing the current judicial situation,including the imperfect legal system and system related to government franchise agreements,excessively strict judicial review standards,lack of supervision and control methods throughout the entire process,and insufficient dispute resolution mechanisms,we have gradually proposed to improve the legal system of government franchise agreements,optimize the judicial review standards of government franchise agreements,establish and improve supervision and management regulations Suggestions such as optimizing the relief path for government franchise agreement disputes.