On The Legal Problems Of The Contract For The Collective Land Contracting

It is necessary to define the legal nature of the contract for the collective land contracting because such a contract is the eternal form of the collective land use system, a basic system regarding the collective land use in the rural area in China. And only by defining the legal nature of the contract properly, can we recognize such legal issues as rights and duties to the parties and the performance. Firstly, this paper discusses the definition and legal characteristics of the contract. Then by comparison, it analyses the differences and connections between the contract and the administrative contract and the civil contract, and draws the conclusion that such a contract is a dual nature contract which has the characteristics of the administrative contract and the civil contract at the same time. Based on the conclusion, this paper discusses the subject of the contract and rights and duties to the interested parties, and analyses the substantive and procedural limitations to the parties' rights to modify and terminate the contract. Finally, this paper discusses the legal liabilities and their corresponding remedies regarding the contract for the collective land contracting.