Is the failure by a government to deliver promised preferential policies sued as a civil lawsuit?
【Plaintiff】 A Property Development Company
【Defendant】 A City Government
【Background】 The Plaintiff contracted to build an infrastructure project, and the defendant offered preferential policies but failed to deliver them at last.
【Trial Court】 The Superior People’s Court of Heilongjiang Province: Positive
【Appeals Court】 The Supreme People’s Court: Negative. The parties to the case do not constitute the parties with equal standing under the civil law due to their unequal footing in the formulation and implementation of the preferential policies. The meeting minutes of the working meetings of the municipal government of the city regarding the preferential policies and other documents do not constitute civil contracts between the parties based on equitable negotiation.
【Author Comments】 Risk management for the plaintiff: 1) executing a formal civil contract with the city government regarding the preferential policy; 2) cooperating with the government via a state-owned company as designated by the government.