On The Transfer Of State-owned Construction Land Use Right Transfer Contract Into Contract Law

Regarding the contract for the transfer of the right to use state-owned construction land,the current legislative situation in China is reflected in five chapters in Chapter 12 of the Property Law,“ Use of Construction Land Use Rights ”,and the use of state-owned construction land is determined to be beneficial.The right to stipulate the way the contract is handed over and the general terms.However,the contract is not specified in the Contract Law,which means that the speciality of the contract for the transfer of state-owned construction land use rights lies in the provision of a simple construction land use right transfer contract clause in the Property Law,but in the Contract Law.It was not regulated.In the judicial interpretation of the State-owned land use right contract issued by the Supreme People's Court in 2005,the basic issues were stipulated in the issue of contract and the transfer of construction land use rights and the transfer contract.In addition,there are some related provisions in the single-line law.This decentralized legislation is not conducive to integration,and there will be confusion in the process of application.It is precisely because the provisions of the law are not clear,the intersection of public law and private law,and the habitual thinking of public law adjustment lead to the intersection of civil trial and administrative trial in judicial practice.In the judicial practice,so many problems have emerged.In the legislative process of the Civil Code,the Civil Code Code of Rights has been maintained as it was,and the draft of the Civil Code Contract has not reflected the expansion of the contract for the use of state-owned construction land.trend.The current general view is that the urban land use right transfer market is saturated,and the current land resource management department has not so much land use rights to trade in the land market.However,the reality is the opposite.The land market is still active.The land use right transfer income is still the main part of the local government's fiscal revenue,and the proportion can even account for 80% to 90%.Moreover,with the promulgation of the "Guiding Opinions of the State Council on the Reform of the System of Compensation for the Use of All Natural Resources in the Whole People",the system of improving the transfer of natural resources such as land has been given more attention.Therefore,thestate-owned construction land use right transfer contract plays an important role in both the historical development perspective and the future reform and development as well as the national economy.However,for the current status of legislation,it is obviously not enough to continue to maintain the relevant provisions of the Property Law,and such a norm setting clearly violates the principle of separation of property rights and creditor rights.Now is the revision of the Civil Code Contracts,the use of state-owned construction land use rights and related supporting contracts,transfer contracts,rental contracts and collective construction land use rights transfer contracts and related supporting contracts are included in the Civil Code Contracts.Separate chapters for regulation.This will not only better build a land market that integrates urban and rural areas,but also achieve equal protection;and it will also lay the foundation for the transfer of other natural resources.In the end,the development of urban land will inevitably develop from two-dimensional to three-dimensional systems.The space servitude system,then the state-owned construction land use right transfer contract as a basic contract should be specified.