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No. 3 of Seven Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Issued by the Supreme People's Court: Case of Dispute over a Series of Contracts between Chongqing __ Investment (Group) Co., Ltd. and People's Government of __ District, Luzhou City et al. (Case of Dispute over a Series of Contracts between Chongqing __ Investment (Group) Co., Ltd. and People's Government of __ District, Luzhou City et al.)
人民法院充分发挥审判职能作用保护产权和企业家合法权益典型案例(第一批)之三:重庆某某投资(集团)有限公司与泸州市某某区人民政府等合同纠纷案
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No. 3 of Seven Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Issued by the Supreme People's Court: Case of Dispute over a Series of Contracts between Chongqing __ Investment (Group) Co., Ltd. and People's Government of __ District, Luzhou City et al. (Case of Dispute over a Series of Contracts between Chongqing __ Investment (Group) Co., Ltd. and People's Government of __ District, Luzhou City et al.)
(Case of Dispute over a Series of Contracts between Chongqing __ Investment (Group) Co., Ltd. and People's Government of __ District, Luzhou City et al.)
人民法院充分发挥审判职能作用保护产权和企业家合法权益典型案例(第一批)之三:重庆某某投资(集团)有限公司与泸州市某某区人民政府等合同纠纷案
No. 3 of Seven Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Issued by the Supreme People's Court: Case of Dispute over a Series of Contracts between Chongqing __ Investment (Group) Co., Ltd. and People's Government of __ District, Luzhou City et al. 人民法院充分发挥审判职能作用保护产权和企业家合法权益典型案例(第一批)之三:重庆某某投资(集团)有限公司与泸州市某某区人民政府等合同纠纷案
I . Basic Facts (一)基本案情
In 2008, through public investment, the People's Government of __ District, Luzhou City (hereinafter referred to as the “Government of __ District”) and a private enterprise, Chongqing __ Investment (Group) Co., Ltd. (hereinafter referred to as “__ Investment Company”) concluded a series of investment agreements on land consolidation projects and it was stipulated in such agreements that __ Investment Company would invest CNY320 million in implementing the land consolidation of two plots in __ District. After the conclusion of the aforesaid agreements, __ Investment Company successively invested over CNY100 million in the projects. In 2014, the Government of __ District issued to __ Investment Company a letter, which stated that the aforesaid agreements violated the spirit of the Notice by the General Office of the State Council of Regulating the Management of Incomes from and Expenses for the Assignment of the Right to Use State-owned Land and the Notice of Further Strengthening the Management of Incomes from and Expenses for the Assignment of the Right to Use State-owned Land jointly issued by the Department of Land and Resources, the Department of Finance, the Supervisory Department, and the Auditing Department of Sichuan Province, and claimed the termination of performance of the aforesaid agreements. __ Investment Company filed a lawsuit with the people's court and requested the people's court to confirm that the letter of __ District on termination of performance of the agreements was invalid and require the Government of __ District to continue the performance of the agreements. 2008年,泸州市某某区人民政府(以下简称区政府)通过公开招商,与民营企业重庆某某投资(集团)有限公司(以下简称某某投资公司)订立一系列土地整理项目投资协议,约定由该投资公司投资3.2亿元对该区两块土地实施土地整理。协议订立后,该投资公司陆续投入1亿余元资金用于该项目。2014年,区政府向某某投资公司发函称,以上协议违反国务院办公厅《关于规范国有土地使用权出让收支管理的通知》和四川省国土资源厅、省财政厅、省监察厅、省审计厅联合下发的《关于进一步加强国有土地使用权出让收支管理的通知》文件精神,要求终止履行以上协议。某某投资公司诉至法院,请求确认区政府终止履行协议的函无效,并要求区政府继续履行协议。
II . Adjudication (二)裁判结果
The people's court held upon trial that: Whether the termination of the agreements by the Government of __ District was effective should be examined in accordance with the provisions of Article 94 of the Contract Law. In this case, the two documents as mentioned by the Government of __ District were neither laws nor administrative regulations and such documents did not expressly prohibit the agreements involved. The grounds of the Government of __ District for requiring the termination of the relevant agreements due to changes in policies were untenable and the letter on termination of performance of the agreements issued by the Government of __ District did not take effect of terminating the agreements. Therefore, the people's court entered a civil judgment (No. 00070 [2014], First, Civil Division, HPC, Chongqing) that the Government of __ District should continue to perform the relevant agreements concluded by it and __ Investment Company. After the judgment of first instance was pronounced, neither party appealed.
......
 人民法院经审理后认为:区政府解除行为是否产生效力应当依据合同法九十四条的规定进行审查。本案中,区政府所提及两份文件并非法律、行政法规,且未对本案所涉协议明令禁止,区政府以政策变化为由要求解除相关协议的理由不能成立,其发出的终止履行协议的函不产生解除合同的效力,遂作出(2014)渝高法民初字第00070号民事判决:某某区政府继续履行与某某投资公司签订的相关协议。一审判决后,双方当事人均未上诉。
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