A concession agreement is a cooperation agreement for the operation of infrastructure and public utilities in China,which plays an important role in the healthy development of service outsourcing in this field.In some...A concession agreement is a cooperation agreement for the operation of infrastructure and public utilities in China,which plays an important role in the healthy development of service outsourcing in this field.In some special cases,the relevant administrative departments have the right to revoke the concession agreement and withdraw concession.Shouguang PetroChina Kunlun Gas Co.,Ltd.v.Shouguang Municipal People’s Government and Weifang Municipal People’s Government rescinded the government concession agreement as a bulletin case of the Supreme People’s Court on the administrative agreement,which established the rules for the judgment of such cases.Firstly,it makes it clear that the administrative department’s recession of the concession agreement needs to meet the legal conditions and follow the legal procedures;secondly,for the consideration of protecting the social and public interests,the administrative act of revoking the concession agreement without legal procedures is still valid,but appropriate indemnity should be given to the concessionaire.展开更多
基金sponsored by Shanghai Pujiang Program,entitled Research on the Classification of Administrative Litigation and the Rules of Judicial Application (Project No. 21PJC043)the 69th Funded Project of China Postdoctoral Science Foundation,entitled Research on Legal Issues of Private Participation in the Operation of Public Resources (Project No. 2021M691049)。
文摘A concession agreement is a cooperation agreement for the operation of infrastructure and public utilities in China,which plays an important role in the healthy development of service outsourcing in this field.In some special cases,the relevant administrative departments have the right to revoke the concession agreement and withdraw concession.Shouguang PetroChina Kunlun Gas Co.,Ltd.v.Shouguang Municipal People’s Government and Weifang Municipal People’s Government rescinded the government concession agreement as a bulletin case of the Supreme People’s Court on the administrative agreement,which established the rules for the judgment of such cases.Firstly,it makes it clear that the administrative department’s recession of the concession agreement needs to meet the legal conditions and follow the legal procedures;secondly,for the consideration of protecting the social and public interests,the administrative act of revoking the concession agreement without legal procedures is still valid,but appropriate indemnity should be given to the concessionaire.
