On The Nature Of Rural Land Contract

There were many discussions regarding administrative agreements even before the amendament to the new Administrative Procedure Law in 2014,which specifys that lawsuits concerning administrative agreements shall be accepted.Administrative agreements have become an important means for administrative entities to perform administrative functions,and they are widely used in the public administration field in China.However,in judicial practices,no unanimous opinions are reached regarding the nature of some special contracts,such as the legal nature of rural land contracting contract.There are theoretical disputes regarding the nature of the rural land contracting contract,which is a special contract.Some believe that such contract is a kind of administrative contract,while others classify it as a civil contract.However,few works or articles carry out a detailed analysis on its nature.This paper drew an conclusion that rural land contracting contract belonged to administrative contracts through analysis on the concept,content and features of rural land contracting contracts and comparisions with concepts and features of both administrative contracts and civil contracts.Clarifing the legal nature of rural land contracting contract is of great significance to better understand administrative contracts,and is of practical significance for judges to hear dispute cases concerning rural land contracting contractcorrectly.