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Analysis Of The Legal Nature Of State-owned Land Lease Contracts

Posted on:2015-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:X X YanFull Text:PDF
GTID:2356330461971448Subject:Law
Abstract/Summary:PDF Full Text Request
The land has an important significance to the country and people. It has a guiding significance to the current state-owned land leasing practice of our country to make a reasonable definition to the legal nature of the state-owned land leasing contract.The current mainstream viewpoint is the civil contract and the administrative contract. In judicial practice, it has no definite settlement mechanism of state-owned land leasing contract dispute. That caused a series of problems. Administrative private law contract theory, which produced in Germany, has a high degree of consistent with the state-owned land leasing contract, in legal relationship, essence, value-pursuit and the rank of double rights and obligations. Therefore, the state-owned land leasing contracts should be defined as the administrative private law contract, which has the advantage of theory and practice.This article mainly uses literature research, the concrete research methods include: legal interpretation study, comparative study, logical analysis and value analysis. The key is to look for the accordance between administrative private law contract theory, which comes from outside, and our country's state-owned land leasing contract.The first part of the paper, mainly introduces the background of state-owned land leasing and the dispute about the nature of state-owned land leasing contract. The mainstream view is the civil contract and the administrative contract.The second part, mainly analyzes the state-owned land leasing contract, from the perspective of the cause of action rules and judicial practice. State-owned land leasing contract disputes have been identified as civil disputes, which developed from nothing, experienced a difficult process. But the disputes of the state-owned land leasing contract also accord with the standard of administrative disputes. The judicial practice of civil trial and administrative divisions have mutual shuffle. Defined just as administrative contracts or civil contracts can not solve all the problems in reality.The third part, first of all introduces the generation and evolution of the contract. At original, the contract has no color attribute; Then illustrates China's current definition of properties on the contract theory mainly focuses on the civil contract, but the western countries, on the basis of this, created the administrative contract theory and administrative private law contract theory; Then introduces the theory of civil contract and the administrative contract and their challenges; Finally focuses on the administrative private law contract theory and its application fields.The fourth part, firstly affirms the administrative private law contract theory as a new theory about the nature of contract, which adapts to the trend of publicization of private law and the privatization of public law, and compared with civil contract theory and the administrative contract theory, has a double advantage; Then analyzes the consistent between our country's state-owned land leasing contract and administrative private law theory; Finally describes the advantage on theory and practice to define state-owned land leasing contract as administrative private law contract.In the last part of the thesis, to summarize and review the key content of the first four parts, layers of in-depth, and reiterates that it has a high degree of fit of the state-owned land leasing contract and the administrative private law contract:From the perspective of legal relationship, civil and administrative legal relationship coexist; On the value pursuit, public and private interest pursuit coexist; On the nature, the administrative power and civil contractual coexist, that is the compromise of contract spirit and privilege; On the status of legal relationship, primary qualities of the administrative rights and obligations, secondary qualities of civil rights and obligations. Therefore, the state-owned land leasing contract shall be defined as administrative private law contract.
Keywords/Search Tags:the state-owned land leasing contract, administrative private law contract theory, contract nature theory
PDF Full Text Request
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