政府招商引资协议法律性质研究——以司法裁判为素材
Research on the Legal Nature of Government Investment Promotion Agreement—Using Judicial Judgment as Material

作为地方招商引资的重要方式，招商引资协议在深化改革、扩大开放的背景下得到了更为广泛的应用，协议引发的纠纷也有所增多，在对协议进行司法审查的过程中，首要任务是明确协议的法律性质。关于招商引资协议的法律性质，学界和实务界存在民事合同说、行政协议说和合同类型化处理说等的争议，对协议性质的不同认定将对诉讼程序和双方实体权利义务产生影响，关系到案件的最终裁判结果，具有重要意义。本文拟通过对司法实践案例进行分析，结合法院认定协议性质的裁判思路，总结实务中的争议焦点，通过对争议焦点的讨论明确协议性质。
As an important way of local investment promotion, investment promotion agreements have been widely applied in the context of deepening reform and expanding opening up, and disputes arising from agreements have also increased. In the process of judicial review of agreements, the primary task is to clarify the legal nature of the agreements. There are controversies in the academic and practical fields regarding the legal nature of investment promotion agreements, such as the theory of civil contracts, administrative agreements, and the theory of contract categorization. Different determinations of the nature of agreements will have an impact on litigation procedures and the rights and obligations of both parties, and are related to the final verdict of the case, which is of great significance. This article intends to analyze judicial practice cases and combine the court’s judgment approach of determining the nature of agreements, summarize the focus of disputes in practice, and clarify the nature of agreements through discussion of the focus of disputes.