Zhengyuan Construction Project Company, Xian Province v. Ministry of Finance of the PRC

ID:	TARP-094
Title:	Zhengyuan Construction Project Company, Xian Province v. Ministry of Finance of the PRC
Source:	Beijing No.1 Intermediate People’s Court website
Parties:	Zhengyuan Construction Project Company, Xian Province v. Ministry of Finance of the PRC
Dispute Resolution Organ:	Beijing No.1 Intermediate People’s Court
Year:	2000
Pages:	0
Author(s):
Keywords:	capital investment, China, collective enterprise, evidence, investment, property rights, transparency
Abstract:	At the request of the China Construction Project General Company, the defendant made a written reply (“Pi Fu”) on 12 May 1997. It defined that the China Construction Underground Project Company (“Underground Company”) was a wholly-owed company of the China Construction Project General Company. It also defined the property rights of the plaintiff, which was registered as a collective enterprise, as follows: all of its registered capital was invested by the Underground Company. According to the principle of “who invest, who owns the ownership”, the property rights of the plaintiff shall be owned by the Underground Company. Hence the assets of the plaintiff belonged to state-owned. The plaintiff argued that the defendant was based on the unclear facts and inadequate evidence and was ultra vires. When the defendant made the administrative act at issue, they failed to notify the plaintiff of the administrative act. This violated the legal procedures.
Secured:	False
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