administrative agreement

Article 19: If the defendant fails to perform the administrative agreement in accordance with the law or as agreed, the People's Court may, in accordance with the provisions of Article 78 of the Administrative Litigation Law and in conjunction with the plaintiff's claims, rule that the defendant continues to perform and specify the specific content of continued performance; if the defendant is unable to perform or continued performance has no practical significance, the People's Court may order the defendant to take remedial measures, and if it causes losses to the plaintiff, order the defendant to compensate. If the plaintiff requires compensation under the agreed liquidated damages clause or deposit clause, the people's court should support it. If there are liquidated damages clauses or deposit clauses, they will also be supported.

Article 20: If the defendant expressly states or shows by its own behavior that it will not perform the administrative agreement, and the plaintiff files a lawsuit in the People's Court before the expiration of the performance period, requesting to bear its liability for breach of contract, the People's Court shall support it. If one party breaches the contract or the administrative agency breaches the contract, the administrative counterpart may file a lawsuit for breach of contract, and the administrative agency shall also bear liability for breach of contract.

Article 21: If the defendant or other administrative agencies exercise their administrative powers in accordance with the law due to the needs of national interests or social public interests, resulting in the plaintiff being unable to perform or the performance costs significantly increasing or suffering losses, the plaintiff requests a judgment that the defendant should provide compensation, and the people's court shall support it. That is to say, during the performance of an administrative agreement, the administrative agency often causes the plaintiff to fail to perform or the performance cost is too high due to the needs of the national and public interests. In this case, the administrative agency can be required to provide compensation.

Article 22: The plaintiff requests the people's court to order it to bear liability for breach of contract on the grounds that the defendant has breached the contract. If the people's court finds that the administrative agreement is invalid after trial, it should explain it to the plaintiff and make a judgment confirming the invalidity of the administrative agreement based on the plaintiff's changed claim. If the administrative agreement is invalid due to the defendant's behavior, the people's court may rule that the defendant shall be liable for compensation. If the plaintiff refuses to modify the claim after explanation, the people's court may rule to reject the claim. The defendant bears liability for breach of contract, but the court shall review whether the administrative agreement is invalid ex officio. If the administrative agreement is invalid, it shall confirm the invalidity of the agreement by explaining to the plaintiff that it has requested the plaintiff to change the claim. If losses are caused, a judgment will be made to bear liability for compensation. If the plaintiff refuses to change, the court may rule to dismiss its claim.

Article 23: When hearing administrative agreement cases, the People's Court may conduct mediation in accordance with the law. When conducting mediation, the People's Court shall follow the principles of voluntariness and legality, and shall not damage national interests, social public interests and the legitimate rights and interests of others.

Article 24: If a citizen, legal person or other organization fails to perform its obligations as stipulated in the administrative agreement, or fails to perform after being urged, the administrative agency may make a written decision requiring them to perform the agreement. After receiving a written decision, a citizen, legal person or other organization fails to apply for reconsideration or initiate administrative litigation within the statutory time limit, and still fails to perform the agreement. If the content of the agreement is enforceable, the administrative agency may apply to the court for compulsory execution.

This is a non-litigation enforcement procedure of the administrative agency. After the agreement is signed, if the administrative counterparty fails to perform its obligations, then the administrative agency does not file a lawsuit in the court. Because the administrative agency cannot be the plaintiff, it can issue a reminder to the counterparty and initiate the non-litigation enforcement procedure. If the administrative counterpart fails to perform, the administrative agency shall make a written decision. If after making a written decision, the administrative counterparty does not reconsider, sue, or perform, the administrative agency may apply to the court for compulsory execution.

The law stipulates that if a citizen, legal person or other organization that has the authority to supervise the implementation of an administrative agreement fails to perform its obligations as agreed and fails to perform after being urged, the administrative agency may make a decision in accordance with the law. If a citizen, legal person or other organization fails to apply for administrative reconsideration or file an administrative lawsuit within the statutory period after receiving the decision, and the agreement is enforceable, the administrative agency may apply to the People's Court for compulsory execution. This article stipulates that administrative agencies have the authority to supervise the implementation of agreements and provides specific procedures for non-litigation enforcement.

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.