Government-enterprise disputes generally refer to the rights and obligations disputes between administrative organs or units exercising administrative functions and powers based on entrustment, and enterprises as administrative counterparts or enterprises with strong relations in the process of exercising administrative functions and powers, which are collectively referred to as government-enterprise disputes.
What are the main elements of government-enterprise disputes?
One of the main elements must be an administrative organ or a unit that exercises administrative rights based on the entrustment relationship.
Second, the object element, the administrative counterpart or interested party is an enterprise.
Three, the content element is the administrative organ or unit in the process of exercising administrative functions and powers, some disputes.
Fourth, it has a substantial impact on the rights and obligations of enterprises. These are the four elements of the concept of government-enterprise disputes.
Classification of government-enterprise disputes
The classification of government-enterprise disputes mainly includes: administrative license, administrative expropriation, administrative confirmation, administrative payment, administrative reward, administrative compulsion, administrative borrowing, administrative punishment, administrative guidance, administrative agreement, administrative omission and abstract administrative behavior.
What are the legal classifications of government-enterprise disputes? There are administrative licenses, which are common to everyone. For example, there are many mining licenses, mining licenses or environmental protection. Environmental protection approval is generally considered as permission, and many project documents of development and reform departments, such as approval, are generally considered as administrative permission, which is relatively common.
There are also many administrative expropriation, such as the expropriation of factories on state-owned land and the administrative confirmation of the expropriation of factories on collective land, such as the confirmation of the right to use and the ownership. Then administrative payment, administrative reward, administrative compulsion, administrative mediation, administrative punishment, administrative guidance and administrative agreement, etc.
In the process of signing an administrative agreement, a dispute between government and enterprises arises due to one party's non-performance. Administrative omission is also a big category. For example, some procedures should be implemented by the competent authorities on their own initiative and in accordance with the law, but they have not been done or performed according to the law. Therefore, this is called administrative omission and it is also a kind of administrative dispute.
Another category is abstract, such as the adjustment of large urban planning, which is generally considered not to be done for a specific object, but to be abstract. The so-called abstract situation is some related projects made for an unspecified object. If abstract administrative actions have an impact on the rights and obligations of enterprises, some government-enterprise disputes will also occur. According to the new Administrative Procedure Law, it is also possible to file an administrative lawsuit to safeguard rights.
What should I do if I encounter a government-enterprise dispute?
Mainly in three aspects: preliminary preparation, consulting lawyers and safeguarding rights.
What should be included in the preliminary preparation of business owners? These items should be included. First, we should establish a sense of the legal system in our mentality.
Secondly, we should collect relevant evidence and save it to prepare for future legal rights protection. Secondly, consult a professional lawyer, and then you can find a professional lawyer to answer by understanding the relevant legal knowledge and combining your own situation.
Then the third step is to hire professional lawyers to defend rights, including non-litigation and litigation. Because the general government-enterprise dispute is not suitable for litigation, if it comes up directly, it may not be worth the loss. After years of accumulated practical experience, Jiawei Institute has also learned a lot of failed experiences, so summing up the combination of non-litigation and litigation is a better way to achieve the purpose of safeguarding rights.
If business owners encounter similar cases, lawyers can analyze the legal basis, policy basis, how to protect rights and so on, make a case-handling plan, comprehensively analyze the actual situation of the enterprise, local policies, and the legal spirit and guiding cases of the High Court, and give a solution, and then the business owners can decide the next decision, so as to better safeguard the legitimate rights and interests of the enterprise.
01、Natural Resource
In the natural resources category, the original land department has now been changed into a natural resources department, including cases of illegal infringement of land, illegal disputes in minerals, disputes between government and enterprises, disputes over safeguarding maritime rights and interests, and other natural resources-related disputes between government and enterprises. Natural resources are something that we have a lot of contact with, and some places are prone to disputes, many of which are related to natural resources.
02、Cultural Tour
In the process of more than ten years from 2002 to now, we have encountered similar cases almost every year. Scenic spots and competent departments have formed some government-enterprise disputes with relevant administrative departments, which is also relatively common.
03、Review Audit
Audit disputes, such as medical hospitals, basically occur in some government-enterprise disputes between private medical institutions and health management departments.
05、Forestry Property Right
Forestry property right is engaged in forestry, and some engaged in tourism will also involve some disputes over forestry property right, which is also relatively common.
06、Planning and Construction
Planning and construction includes several aspects. One is specific planning. For example, in the process of specific project construction, developers issue construction land planning permits, construction project planning permits, planning conditions and so on, and some government-enterprise disputes are formed in the process of administrative management. There are also some behaviors that were previously classified as abstract, such as planning adjustment. There have been many such cases, such as Beijing and Hebei, including some coastal provinces and cities.
For example, a case of a Taiwan-funded enterprise was accepted before. After purchasing land, the enterprise intended to develop commercial housing, because the adjustment of the master plan made it impossible to carry out construction, which led to a dispute between government and enterprises. Such land can neither be developed and constructed, nor can it be realized, nor can it achieve the purpose of signing a contract to buy land at the beginning, so such disputes can only be properly resolved by means of land recovery compensation. Therefore, similar to the construction, there will be some disputes in issuing specific construction permits and so on.
07、Ministry of Agriculture and Rural Affairs
Agricultural and rural disputes are also common, such as some cooperatives engaged in agricultural production, some large enterprises in the agricultural and rural related business processes, and some government-enterprise disputes formed with local departments.
09、Commercial Commercial
Commercial business, many foreign-related enterprises, such as some promises that cannot be fulfilled, are also related to the management of more state-owned assets. It is found that there are many disputes between government and enterprises in companies jointly established by private enterprises and state-owned enterprises, such as state-owned shares and private shares, which have been particularly frequent in recent years.
10、Industrial and Commercial Administration
Industrial and commercial administrative disputes, such as some penalties and permits in the process of market supervision and management, have formed some disputes between government and enterprises in this process.
11、Ecological Environment
There are many eco-environmental disputes for everyone to contact, such as the closure of environmental protection, the closure of chemical enterprises, the closure of aquaculture enterprises, the closure of enterprises that eliminate backward production capacity, etc. These are all based on the needs of the ecological environment, and some government-enterprise disputes caused by the implementation of policies.
12、Human Social Security
Human resources and social security disputes are also common, that is, some government-enterprise disputes between human resources departments, social security departments and enterprises based on employment or other social security aspects, which are also common.
13、Grain Stock
Many grain reserves occur in some disputes between some institutions and departments under the grain reserve.
15、Development and Reform Approval
Disputes over the examination and approval of development and reform are generally in the stage of project establishment, such as price control, formulation of people's direction, etc. These are the responsibilities of the development and reform department and are also common types of disputes between government and enterprises.
16、Marine Maritime Affairs
Maritime disputes are common, such as disputes over maritime rights and interests, maritime transportation, fishing and salvage, and even some disputes with relevant departments in prospecting and so on.
20、Industrial Capacity
Industrial production capacity, generally called industrial and information departments, is also called industrial science and technology departments, and so on. The names vary from place to place, mainly arising from some disputes between government and enterprises in the process of industrial enterprises' capacity reduction.
21、Science and Technology
In science and technology, such as the distribution of scientific research results, patent rights, patent research including funds and other aspects, some government-enterprise disputes between administrative departments and enterprises.
22、Transportation
Transportation is mainly engaged in transportation enterprises, especially ocean transportation and ocean transportation. There are many government-enterprise disputes between enterprises and administrative departments, as well as water conservancy and water conservancy facilities. Many water conservancy management units along the coast and along the river, such as power stations, have done many power station projects and some government-enterprise disputes in relevant departments.
