as far as possible to meet the business needs of principle.

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The reporter Du
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Because of dissatisfaction with the government's commitment made in the year when the investment did not materialize, Nanchang company submitted to the local court for several copies of administrative complaint in the proceedings objects, including the government of Nanchang, Nanchang Economic and Technological Development Zone Management Committee and a number of local Government departments.
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"Legal Daily" correspondent noted that the current administrative litigation is still in the filing said the review stage, vigorously promote investment throughout the universal wave of work, statutory duties administrative promise more and more people's attention.
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200 acres of land is not in place
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Jiangxi Hongyuan Digital Technology Ltd, who briefed reporters on the invitation of the local government should Nanchang its LCOS project jointly apply for national high-tech demonstration project, the local government commitment to the implementation of the project to give the support.
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To support project development, July 18, 2003, the CPC Nanchang Municipal Office Municipal Financial Work Leading Group of the eighth meeting decided that the company needs Honggutan Hongyuan 200 acres of land for development and life support issues, municipal land administration department from Honggutan New allocated to the Nanchang Economic and Technological Development Zone,http://www.xxbike.cn/home.php?mod=space&uid=4651, and then by the Nanchang Economic and Technological Development Zone in accordance with the support, specifications, available to enterprises, Hongyuan company after the acquisition of land must not be changed by file spiritual nature of the land, not allowed to transfer land use rights. Determining the location of 200 mu of land, in accordance with the overall planning of the city under the obedience of the premise, as far as possible to meet the business needs of principle.
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After the signing of the agreement, approximately 120 acres of land for the implementation of living facilities in January 23, 2006 through the sale procedures, the remaining 80 acres of development land has not been implemented. To this end, Hongyuan company made the Fenghuangzhou C-6, C-7, C-15 block transfer to the plaintiff, the number of research sites to complement the already commitments.
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Hongyuan company said Nov. 1, 2006, the person responsible for organizing the government of Nanchang City Planning Bureau, Nanchang Economic and Technological Development Zone,http://211.86.128.2/gjjl/Review.asp?NewsID=595, Honggutan, the bureau and other departments on the Digital Technology Co., Ltd. of Jiangxi Hongyuan cooperation on restructuring to convene the meeting. January 31, 2007, the General Office of the People's Government of Nanchang Nanchang Economic and Technological Development Zone, Honggutan meeting minutes and other departments issued a clear summary of the contents of the municipal government has agreed to the meeting,air max tn pas cher, please do the same units to seriously perform: About Jiangxi Hongyuan Digital Technology Co., Ltd. LCOS projects supporting land for construction, the meeting clearly Honggutan to seize the C-6, C-7, C-15 cases to the approval of work, to meet the green, after the fire station construction land, three plots As the remainder of the land for construction of the project facilities and in accordance with regulations relevant procedures.
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However, after the above meeting minutes issued,nike air force, Nanchang City Government and Nanchang Economic Development Zone has not the right to due diligence obligations,escarpins louboutin, formalities, to complement the development of the land promised.
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50 million funding to yourselves
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In addition to the land, Hongyuan company also believes that the government promised funding was not forthcoming.
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According to reports, July 29, 2002, submitted to the Planning Commission of Jiangxi Province, Nanchang original former Planning Commission "on the reporting of Jiangxi Hongyuan Digital Technology Co., Ltd.  instructions", the report described the project: Project The total investment of 199.85 million yuan, sources of funding are: the company raised 69.85 million yuan, local matching 50 million yuan, 80 million yuan of bank loans.
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March 15, 2003, the Jiangxi Provincial Planning Commission,http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=67&page=2, the former State Planning Commission issued the "National Planning Commission on Science and Technology Co., Ltd. of Jiangxi Hongyuan digital liquid crystal coated silicon (LCOS) digital display chip packaging and optical engine tech industrialization demonstration project project feasibility study report approved "project was officially approved by the plaintiff.
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Hongyuan company said the project began, the company has repeatedly requested the relevant departments to implement the matching funds,http://www.matsue-yado.com/otoku/clip.cgi??, governments also promised to implement as soon as possible.
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January 24, 2007, about the Nanchang government official hosted Hongyuan digital LCOS project coordination meeting about the issue.
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Reporters from the meeting form of "relevant questions about Hongyuan digital LCOS project coordination meeting minutes" to see such a statement: "To further support Hongyuan digital LCOS project bigger and stronger, the municipal government will give full according to the law support, according to the National Development and Reform Commission (formerly the State Planning Commission) approval documentation requirements, local government matching funds 50 million yuan, the municipal government will put in place as soon as possible. "
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The meeting also made clear, the government of Nanchang in Jiangxi Hongyuan LCOS project company matching funds allocated to the municipal finance bureau Economic Development Zone, to be paid by the Economic Development Zone of Jiangxi Hongyuan company.
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But these funds also has not been implemented.
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Administrative duties shall be deemed promise
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In fact, these problems arise when investment work in the country,http://jrecin.jst.go.jp, a number of local governments are also actively regulate such behavior.
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November 27, 2008 the Standing Committee of the seventh meeting of the Conference of the Chongqing Municipal People's Congress adopted the Third "Chongqing promoting open regulations" clearly states that "the city, county (autonomous) governments and relevant departments in accordance with the investment policies on major issues investor commitments agreed upon in writing can form the government and its departments unfulfilled promises,bracciali tiffany, shall be liable in accordance with law. "
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Beijing lawyer  to "Legal Daily" correspondent analysis,http://www.yashima-tanuki.net/cgi-bin/tkbbs1/tkbbs1.pl?page_num=1, administration promised properties similar offer to the civil law, the Department for its own administrative body an obligation set. From the "promissory estoppel" principle and judgment, that promise should be regarded as a duty of the administrative body, the condition once the administrative relative person's behavior in line with the administrative promise, the administrative body should honor the promise, otherwise constitute not perform their duties. Also from the opposite principle to protect the interests of people's trust and contract system, the administrative body should honor the promise. Therefore, to fulfill its promise to constitute one of the functions to be performed by the administrative body, the scope of which should belong to the People's Court judicial review.
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Ma Weiguo further pointed out that the administrative promise not honored, both contrary to the principle of good faith the government,http://miamivice.su, and in some cases does not conform to the wishes of the masses, other government promised no more future work "cheers" potential problems. Therefore,nike air max pas cher,http://w138215.s38.chinaccnet.cn/news/html/?308357.html, the review of administrative acts when promised to be more reasonable to take into account issues.
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In order to encourage investment and to make all kinds of promises, but after the completion of foreign capital has refused to honor. In recent years, all levels of government to promote investment in the background, due to administrative disputes caused by the action of gradually increasing promise. How to deal with such disputes to become a new topic of new theory and practice facing.
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Administrative promise acts as a flexible administrative behavior, it conforms to the need to build a service-oriented government and harmonious society, and traditional Chinese "good as gold" spirit also coincide. After the promise is not fulfilled, ostensibly victims are those who have been "tricked" into the door of the business, in fact, for the government but lurking "promises to the people," the great harm. So, faced with an increase in administrative disputes promise and promise to conduct administrative status of its legislative norms is necessary, this is also the problem of the final channel. At least, on the basis of the practice and experience of the place formed on summary can advance the development of relevant local laws and regulations to regulate.
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