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No. 2 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Dispute over a Contract on the Transfer of Land Use Rights between Zhongke Company and Land and Resources Bureau of __ County (Case of Dispute over a Contract on the Transfer of Land Use Rights between Zhongke Company and Land and Resources Bureau of __ County)
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最高人民法院发布6起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 (第二批)之二：中科公司与某某县国土局土地使用权出让合同纠纷案
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No. 2 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Dispute over a Contract on the Transfer of Land Use Rights between Zhongke Company and Land and Resources Bureau of __ County (Case of Dispute over a Contract on the Transfer of Land Use Rights between Zhongke Company and Land and Resources Bureau of __ County)
(Case of Dispute over a Contract on the Transfer of Land Use Rights between Zhongke Company and Land and Resources Bureau of __ County)
最高人民法院发布6起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 (第二批)之二：中科公司与某某县国土局土地使用权出让合同纠纷案
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| No. 2 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Dispute over a Contract on the Transfer of Land Use Rights between Zhongke Company and Land and Resources Bureau of __ County | | 最高人民法院发布6起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 (第二批)之二：中科公司与某某县国土局土地使用权出让合同纠纷案 |
| [Typical Significance] | | 【典型意义】 |
At present, in the process of developing local economy, local governments do not perform contracts or breach contracts on the grounds of “new officials disavowing obligations undertaken by their predecessors,” change of policies, and adjustment of plans, which has infringed upon the lawful rights and interests of private enterprises, and such activities of local governments exist in varying degrees. The Opinions on Property Rights specifies that “the building of government by law and government credibility shall be vigorously advanced, and the relevant departments of local governments at all levels shall strictly fulfill policy promises made in accordance with the law to society and administrative counterparts, and various contracts concluded with investors in activities such as investment promotion and public-private partnership shall be conscientiously performed.” The Opinions of the CPC Central Committee and the State Council on Creating a Sound Entrepreneur Growth Environment, Advocating Excellent Entrepreneurship, and Better Using Entrepreneurs' Role also specifies that: “a mechanism of compensation and remedy for the damage to the lawful rights and interests of enterprises caused by adjustment of government plans and change of policies shall be researched and established.” The Notice by the Supreme People's Court of Maximizing the Role of Trial Function and Creating a Good Legal Environment for Entrepreneurship and Innovation by Entrepreneurs (No. 1 [2018], Supreme People's Court) raises more specific requirements that “if adjustment of government plans and change of policies render impossible the performance of civil and commercial contracts entered into by parties, the claims of the parties for rescission of contracts shall be supported according to the law. A party who demands the refund of the fee for transfer of the right to use, investment, rental paid to a state-owned party or its assumption of liability shall be supported according to the law.” This case is a case where the Supreme People's Court amended the judgment of first instance in the trial of second instance. With regard to the local government's non-performance or breach of contracts, the relevant government department should be legally ordered to assume liability, which is favorable to regulating the non-standardized activities of local governments in investment promotion and strictly fulfilling their promises that have been made according to the law. This case is of positive significance in promoting local governments' keeping faith and promises and law-based governance, protecting entrepreneurs' rights and interests of lawful production and operation, and promoting the sustainable, steady, and sound economic development and is of typical and guiding value in the handling of similar cases.
．．．．．． | | 当前，地方政府在发展地方经济过程中以“新官不理旧账”、政策变化、规划调整等理由违约、毁约，侵犯了民营企业家合法权益的行为不同程度存在。对此，《产权意见》明确要求：“大力推进法治政府和政务诚信建设，地方各级政府及有关部门要严格兑现向社会及行政相对人依法作出的政策承诺，认真履行在招商引资、政府与社会资本合作等活动中与投资主体依法签订的各类合同”。《中共中央国务院关于营造企业家健康成长环境弘扬优秀企业家精神更好发挥企业家作用的意见》也明确要求：“研究建立因政府规划调整、政策变化造成企业合法权益受损的依法依规补偿救济机制。” 最高人民法院《关于充分发挥审判职能作用为企业家创新创业营造良好法治环境的通知》（法〔2018〕1号）则更具体要求：“对于确因政府规划调整、政策变化导致当事人签订的民商事合同不能履行的，依法支持当事人解除合同的请求。对于当事人请求返还已经支付的国有土地使用权出让金、投资款、租金或者承担损害赔偿责任的，依法予以支持。”本案为最高人民法院二审改判案件，针对地方政府的违约毁约行为，依法判决政府有关部门承担违约责任，有利于规范地方政府在招商引资中的不规范行为，严格兑现其依法作出的承诺，对于推动地方政府守信践诺和依法行政，保护企业家合法生产经营权益，促进经济持续平稳健康发展具有积极意义，对于处理同类案件具有典型指引价值。
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