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The re-heard case of confirming the invalidity of the administrative agreement

By PRC Supreme People's Court

· Administrative,Laws and Regulations

The re-heard case of Puyang China Resources Gas Co., Ltd. sued Puyang City Administration Bureau of Henan Province and Puyang People's Government of Henan Province for confirming the invalidity of the administrative agreement started by Puyang Hualong Natural Gas Co., Ltd.

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Case Judgement Opinions Summary:

Administrative agreement is an agreement with rights and obligations in administrative law concluded by the administrative organ through consultation with citizens, legal persons or other organizations in order to achieve the objectives of administrative management or public service. As a government concession agreement, the pipeline gas concession agreement is a typical administrative agreement, which is both "administrative" and "contractual". When hearing the case of determining the validity of administrative agreement, the people's court should not only review the invalidity of the administrative procedure law and the relevant judicial interpretation provisions, but also comply with the provisions of the relevant civil legal norms on the determination of the validity of the contract.

 

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