On 20 Apr. 2022, the Supreme People’s Court released the second batch of ten typical cases concerning administrative agreements.
According to the “Provisions on Several Issues Concerning the Trial of Cases Related to Administrative Agreements” (《关于审理行政协议案件若干问题的规定》) — a judicial interpretation released in 2019 — the administrative agreement refers to the agreement signed by administrative agencies with citizens, legal persons or other organizations for the purpose of administrative management or public service, which contains the rights and obligations prescribed by the administrative law.
Administrative agreements usually fall into the following types.
(1) Government concession agreements;
(2) Agreements on compensation for expropriation and requisition of land, housing, and so on;
(3) Agreements on the transfer of mineral rights or other rights to use state-owned natural resources;
(4) Agreements on the lease, sale, and purchase of government-invested affordable housing.
(5) Agreements on cooperation between the government and social capital conforming to the above definition of the administrative agreements; and
(6) Other administrative agreements.
Cover Photo by Chongming Liu on Unsplash
Contributors: CJO Staff Contributors Team
