Research On Classification Review Of Litigation Over The Contract For Assignment Of The Right To The Use Of State-Owned Land

The state-owned construction land use right transfer contract(hereinafter referred to as the land transfer contract)is an important part of the state-owned land use right paid transfer system.The effective settlement of land transfer contract disputes is the last link to ensure the healthy development of the land transfer system,and its importance is self-evident.The academic dispute over the legal attributes of the land transfer contract makes the trial rules of the litigation procedure “failed” according to the legal attributes of the contract,resulting in a chaotic state of litigation mode for land transfer contract disputes.In the face of the current land transfer contract disputes,the litigation pattern is different,and the legislative and judicial attitudes are uncertain.This paper is based on the current rule of law framework and judicial environment.It advocates that the land transfer contract disputes should be classified and reviewed in civil and administrative litigation.In the specific operation,the effect of the party's request right and the effect of the administrative superiority right in the case are used as the judgment elements of the dispute classification,and the land transfer contract dispute is divided into power disputes and civil disputes.The power disputes are subject to the administrative litigation mode.The civil disputes are subject to the civil or administrative litigation mode according to the choice of the parties,so as to realize the classification review of the land transfer contract disputes,in order to solve the current situation of litigation mode of land transfer contract disputes.This paper is divided into five parts: The first part is based on the jurisprudence of the two views of the Supreme People's Court as the entry point,indicating that the legal attributes of the land transfer contract and its litigation mode have inconsistencies.The second part puts forward the argument that the land transfer contract dispute should be classified and examined.It is proved that the land transfer contract belongs to the mixed contract,the reality,necessity and superiority of the classification review,and the classification review standards existing in the practice,and the land transfer contract is proved.Disputes should be classified and reviewed.The third part and the fourth part analyze and demonstrate how the land transfer contract disputes are classified and reviewed.Among them,the third part puts forward the basis of the claim right as one of the judgment elements,and defines the basis of the claim right of administrative litigation and civil litigation respectively.The fourth part proposes the effect of the benefit right as another judgment.The elements,which are complementary to the previous judgment elements,divide the land transfer contract dispute into power disputes and civil disputes,and define the scope of the two types of disputes.The fifth part summarizes the shortcomings of this paper and considers that the method of classification review is based on the current legal framework.With the rapid development of China's administrative agreement theory and system,it is a general trend to include contracts with typical administrative agreement characteristics such as state-owned land use rights transfer contracts into the scope of administrative agreements.