Civil Contract Or Administrative Contract

In China,since the ownership of land resources is owned by the state and the collective,people can only obtain the right to use the land by allocating and entering into contracts for the transfer of state-owned land use rights.With the prosperity of the market economy,the signing of state-owned land use rights transfer contracts has become the most common way to obtain land use rights.However,China's academic and practical circles have long debated the legal nature of land transfer contracts for state-owned land use rights,and have not yet formed a common understanding of the legal nature of contracts.In the academic world,civil law scholars generally advocate that the state-owned land use right transfer contract is a civil contract.It is considered that the land administration authority is the civil subject when signing the contract with the land transferee.The two sides negotiate on the basis of freedom and equality.The land transfer contract concluded with the final agreement.The administrative law scholars believe that the land transfer contract belongs to the administrative contract.It considers that the party to the land transfer contract belongs to the administrative subject in the nature of the subject,the contract has the social public nature and the administrative management purpose,and the contract also stipulates the administrative superiority right.The land transfer contract shall be recognized as an administrative contract.Both of these views have far-reaching implications for the understanding of the nature of land transfer contracts in China.In the practical world,there is also a serious dispute over the legal nature of the contract for the transfer of state-owned land use rights.When dealing with such disputes,the people's courts at all levels in the country have differences in the determination of the legal nature of the land transfer contract,which has led to different ways in which people's courts at all levels handle such disputes.Even within the same court,there are different views on land transfer contracts between departments and departments,which leads to huge differences in litigation procedures and judgment results between state-owned land use rights transfer contract disputes.The Supreme People's Court also has problems such as ambiguity and contradiction in the legal nature of the transfer of state-owned land use rights,which further creates a chaotic situation in the judicial practice of land transfer contract disputes.Therefore,it is necessary to clearly define the legal nature of the contract for the transfer of state-owned land use rights.This paper intends to summarize the disputes between the academic and practical circles on the nature of the land transfer contract,and clarify the legal nature disputes of the state-owned land use right transfer contract,and summarize the legal nature of the state-owned land use right transfer contract,and finally apply the legal nature.The standard of identification,the demonstration of the state-owned land use right transfer contract is not an administrative contract,and finally discusses the rationality of the civil contract.The full text includes the following sections:The first part is the premise of judging the legal nature of the land transfer contract.Firstly,the main contents of the contract for the transfer of state-owned land use rights are briefly introduced.Then,the controversial views on the legal nature of the contract for the transfer of state-owned land use rights in China are analyzed.Finally,the practical significance of the law on the transfer of state-owned land use rights is clarified.The second part is the standard for judging the legal nature of the land transfer contract.Mainly from the three aspects of legal relationship standards,subject status standards,and meaning representation standards,the specific criteria for the judgment of the nature of land transfer contracts are clarified by discussing the contents,core and application methods of the three judgment standards in detail.The third part is the identification of the legal nature of the land transfer contract.Starting from three aspects: the legal relationship,the main status and the meaning of the state-owned land use right transfer contract,it proves that the state-owned land use right transfer contract is recognized as the irrationality of the administrative contract.Finally,the state-owned land use right transfer contract is recognized as a civil contract.Rationality.