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Analysis of typical successful cases. The case to be shared in this article is that the school believes that the relevant departments have not fulfilled their administrative commitments. What should they do? How should we protect our rights? In addition, if the relevant department breaches the administrative agreement after signing it, how should it be litigated? Let’s take a look at the basic facts of the case first:

A vocational and technical school in Liaoning mainly provides skills training for disadvantaged groups and people with disabilities. The school signed a training agreement with the Human Resources and Social Security Bureau of a certain district, stipulating that Party A entrusts Party B, the Bureau of Human Resources and Social Security, to complete the GSP training indicators. Party A will assist Party B in applying for the full training fee in a timely manner based on the number of people who have completed the GSP based on the number of various occupations during the training period. The full training fee is a commitment from the human resources and social security department. The vocational school completed the training tasks as agreed, and the Bureau of Human Resources and Social Security received a training subsidy based on the training results, but it has never given the school 2 million in training fees. Therefore, the school took the Human Resources and Social Security Bureau to court.

In fact, lawsuits against this type of training schools are relatively common, and are generally common in vocational training schools such as driving schools and so on. This case is in the form of an agreement, and many other types are in the form of policies. For example, the district’s Human Resources and Social Security Bureau issued a certain policy document to the relevant school. If certain specific conditions are met, the school needs to apply for discounts, training fee exemptions, and full compensation for training. There are many such forms.

During the implementation process of this case, the agreement could not be performed or the promise could not be honored due to various reasons such as policy adjustments, leadership changes, department authority adjustments, etc. This kind of case is quite typical. Let's see how the court decides.

The case was later brought to court, and the court ruled at first instance that the agreement reached by the Bureau of Human Resources and Social Security and the school was an administrative agreement. Many business owners who have consulted our law firm have said that we have also encountered such cases. We sued, but some people told us that this was a civil contract and we should file a civil lawsuit, right? In fact, many cases have made it very clear that this type of agreement is an agreement between the administrative department and the administrative counterpart that has rights and obligations under administrative law in the process of providing administrative services and administrative management. It is called an administrative agreement.

The school has fulfilled all training obligations in accordance with the agreement. As the client, the human resources and social security bureau of a certain district has applied for the compensation and should pay the full amount in accordance with the agreement. It is illegal for it to forcibly occupy the tutoring fees. Therefore, the court ordered the Human Resources and Social Security Bureau to promptly allocate funds and imposed fines and interest. The Bureau of Human Resources and Social Security not only has to pay the 2 million, but also imposes a punitive judgment on the corresponding interest.

This typical case was included in the top ten typical cases of Liaoning Provincial High Court in 2020. The court held that various agreements signed by administrative agencies and private enterprises in accordance with the law are protected by law. In this case, the training school faced the unfavorable situation of operating difficulties when the Bureau of Human Resources and Social Security defaulted on training fees. In line with the concept of resolving disputes in a substantive manner and enforcing the law for the people, the court ruled that the District Bureau of Human Resources and Social Security should fulfill the agreement and pay the school training fees and interest, which has restored economic losses to the school, enabled the school to continue to operate, and provide more inclusive training for people with disabilities and related people. Inclusive training undoubtedly plays a positive role in society.

In addition to the typical meaning considered by the Liaoning Provincial High Court, many of these administrative commitments and rewards do not appear in the form of agreements. For example, many of the similar cases we have done are mostly in the form of policies. For example, the administrative agency or relevant departments have issued a document stating how to reward the company if you complete the corresponding tasks or reach a certain standard within a certain period of time. It often appears in the form of a policy. If it appears in this form, wouldn't it be inappropriate to sue for the performance of the administrative agreement? Administrative commitments should be fulfilled. This is also a very important cause of action determined by our Supreme People's Court.

In this type of case, you must pay attention to finding your own direction and path to safeguard your rights. First, characterize the administrative act. Qualification means what kind of behavior is the signed or done thing? What is the legal basis? If it is truly handled on a civil basis, you may encounter some situations, such as issues involving legal basis, whether it is based on administrative laws or contract law, etc., and there will be some deviations.

Therefore, if business owners really encounter this kind of situation, they must collect all the evidence in their hands and consult a professional team. Lawyers are also divided into specialties. Many lawyers only do criminal litigation and do not do civil and administrative cases. Many lawyers only do civil or only financing, only do listing cases, etc. Ying Ting specializes in handling government-enterprise disputes, including disputes over expropriation, investment promotion and cooperation, some administrative agreement disputes, including some disputes caused by closures. If a business owner encounters such a dispute, he should first consult a professional legal team. Lawyers will formulate rights protection plans based on different cases, because each case is different and the specific situation requires specific analysis.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.