Legal Nature's Definition On The Contract Of Transferring The Possession Of State-owned Land Use

As a kind of special contract,the contract of transferring the possession of state-owned land use has the nature of both the civil contract and the administrative contract.About the legal nature of the contract of transferring the possession of state-owned land use,scholars have expressed their different opinions,and the views from judicial practice are also not the same,which brings about a series of problems.On the base of defining the basic concepts and the legal nature of contract,civil contract and administrative contract,the paper analyzes deeply the legal mature of the contract of transferring the possession of state-owned land use from theory to the existing system,which points out that the administrative contract nature of the contract of transferring the possession of state-owned land use.To illustrate the problem better,the paper analyzes the hot issues about the contract of transferring the possession of state-owned land use via several selected typical cases in demonstration,in order to make clear of the legal nature of the contract of transferring the possession of state-owned land use.The significance of theory is to guide practice.After defining the legal nature of the contract of transferring the possession of state-owned land use, the paper confirms this definition's theoretical significance for perfecting contract theory and enhancing understanding of the administrative contract, and the paper highlights this definition's benefit for adjusting positions of transferor and transferee in state-owned land usufruct transaction,which has important practical significance for judges' correctly trying cases about disputes concerning the contract of transferring the possession of state-owned land use.