The Nature Of The Legal Research On Construction Of Land-use Rights’ Remising Contract

Construction land use right transfer due to the mandatory provisions of the law must be applied to sell a large number of contracts at the practical level, the construction land use right transfer contract with the rapid development in recent years, has become the most influential and the highest current value of a class of contracts. Due to the wide application in land transactions, trading volume increasing construction land use right transfer contract has become a hot issue in the field of practice and theory research. The existence of current research on the construction land use right transfer contract of a doubt, that is, its controversial legal nature, has not been determined. If there is no clear legal nature of the transfer of the contract, it will affect the parties’ choice of the contract dispute settlement mechanism, the executive how to deal with breach of contract, how the people’s courts and other material facts related to the case. Therefore, this construction of the legal nature of the land use right transfer contract research, which in theory and practice areas are of great significance, especially administrative counterpart in the process of seeking legal remedy of great help.This paper is divided into five parts. The first part of the background, meaning and purpose of this paper an overview of research methodology and framework presented in this paper; the second part of the construction land use right transfer recognize the nature of the contract, including different levels of analytical courts, legal and other analyzes from different angles; the third part of the nature of the construction land use right transfer contract to define, which is attributed to the contract administration of private law, from the nature of the legal relationship, mandatory provisions of the law, the executive power and excellent leasing contract can be defined in terms of the occurrence of acts of civil effects, etc., and the analysis from the perspective of a civil contract construction land use right transfer contract nature; the fourth part proposes the establishment of construction land use right transfer contract proposal executive private nature; the fifth part is the full text of the summary.