Research On Risk Prevention Mechanism Of State-owned Land Use Rights Grant Contract Government Legal

Chinese state-owned land use right transfer, including the allocation and transfer of twoways, but with the development of market economy, land use right way to get more and morewidely used, and thus, the state-owned Land Use Rights Grant Contract as an important formof transfer appears to particularly important. Currently, the administrative law scholarsstudied the few state-owned land use rights, and most of the major standpoint land grantcontract transferee explores the nature of the right to exercise executive excellent benefits anddisputes relief and so on. The author believes that the government is also facing a risk ofcontracting parties, and representatives of the public interest by the Government to managesocial, risks it faces behind the loss is more serious. Therefore, the state-owned Land UseRights Grant Contract risk prevention mechanisms in government research have far-reachingsignificance. This article attempts to look at from the perspective of the government-ownedLand Use Rights Grant Contract, analyze the risks they face because of the risks arising fromgovernment contracts and make recommendations for risk prevention by drawing on theexperience of enterprise contract risk prevention. Therefore, this article is divided into thefollowing five sections:The first part describes the status of the land grant contract. By example and analysis oflegal regulations finishing, typical cases, the practice shows that there has been governmentdepartments to perform their duties because of lazy, transfer procedures and other illegal actsfrequently Litigation phenomenon disputes.The second part is the Government’s legal risks faced by the land grant contract. Thecontracting part of the contract, signed fulfills the risks faced by each part of the analysis, andthrough case studies further confirmed.The third part analyzes the reasons for the land grant contract legal risk incurred. Thispart of the analysis of the above cases, summed up the reasons for the risk incurred, including:administrative organs weak legal awareness, risk awareness is not strong, our country has not yet established a special administrative contract law system, the management system is notperfect and the lack of risk assessment systems.The fourth part introduces the company contract risk prevention experience. The mainanalysis of the enterprise risk prevention measures in the contract, including: creditinvestigation and to establish a credit rating system, set up a special legal affairs organization,optimizing contract processes and related risk prevention system.The fifth part of risk prevention framework to build. The main risk preventionframework is proposed based on risk prevention theory, reflects a mutual contact, cooperatefully, and integrated risk prevention system. Then construct from the organization, personneltraining, information platform construction, and other aspects of the contract review processto explain the framework and as suggestions.