On 11 May 2021, China’s Supreme People’s Court (SPC) released typical cases on administrative agreements for the first time. There are ten cases in this batch, covering the application of law in matters relating to performance, alteration, termination and invalidation of administrative agreements, etc.
The highlights are summarized below.
Firstly, these cases reflect the diversity of administrative agreement cases, covering cases on conclusion, unilateral alteration or rescission of an administrative agreement by administrative organs, cases on failure by administrative organs to fulfill their obligations according to law or as agreed, cases on expropriation and compensation agreements, and cases on government franchise, investment, and fund-raising, etc.
Secondly, these cases demonstrate the unique features of hearing administrative agreement cases. When hearing administrative agreement cases, the people’s courts review not only the legality of administrative action in accordance with the Administrative Procedure law, but also the agreement itself and compliance with the contract terms.
Thirdly, these cases embody the particularity of the rules for hearing administrative agreement cases. For example, in terms of application of law, the applicable administrative regulations and the Administrative Procedure Law shall be applied with priority in administrative agreement cases, and civil laws and regulations such as the Civil Code can also be applied in the absence of applicable administrative regulations and the Administrative Procedure Law.
Cover Photo by Jie (https://unsplash.com/@imjma) on Unsplash
Contributors: CJO Staff Contributors Team
