| China’s Constitution and Land Administration Law stipulate that the state implements socialist public ownership of land,that is,ownership by the whole people and rural collective ownership.In the rapid development of urbanization in the past two decades,a large number of state-owned land in cities and their surrounding areas have been developed and utilized,and the land-use right transfer system of state-owned land has been constantly improved.At the beginning of the state-owned land,the agreement is for the way,due to the system,the lack of legal norms,is not sound,produced such as"black case work","power rent-seeking,the indemnification,such as corruption,therefore our country draw lessons from Europe and the United States,Hong Kong’s land auction system,standardize the procedures of land transfer,It clearly stipulates that the land for commercial construction should be provided by way of land transfer,and formulates the normal form of state-owned land transfer contract to standardize the order of land transfer market.According to the official website of the Ministry of Finance,revenue from the sale of state-owned land use rights nationwide in 2020 reached 8.41 trillion yuan,up 15.9 percent year on year,accounting for 43.58 percent of the total revenue of local governments.Belongs to local governance and the main land involves multiple interests of the huge economic interests,profit-making state-owned construction land through the action of hanging way since set for the frequent disputes,the court in the land contract disputes have been facing a judicial power and administrative power,the problem of how to balance the public interest and private interest,at the same time,with the rapid development of society,The forms and conditions of transfer are constantly changing and updating,and it is increasingly difficult for the judicial organs to examine and identify its rationality.Although the Administrative Litigation Law amended in 2015 clearly includes administrative agreements in the scope of administrative litigation.However,the definition and review of the legality and contractual nature of the dispute clauses in the contract are still the main difficulties facing the judicial review at the present stage,and similar cases will present different review paths in different courts.Therefore,it is necessary to explore the logic and shortcomings of judicial review in the practice of typical cases,and summarize the typical problems in the dispute of transfer contract,so as to provide case reference for the classification of administrative agreements and the judicial review of typical dispute clauses.76 guide case is a debate that,since the release of the existing research focuses on more civil examination mentality reductio and pingxiang planning bureau to explain the validity of the analysis,ignored the nature of the land under different land use control system and the differential rent of statutory,and pingxiang legitimacy and rationality analysis of land and resources bureau administrative registration.In the first part of this paper,the case is completely sorted out,the omissions in the timing sequence of the case are connected,and the controversial focus is summarized.In the second part,it is concluded that the interpretation of Urban Planning Bureau is neither legal administrative interpretation nor administrative preferential right,and its effectiveness comes from the effectiveness of constitutive elements.The third part summarizes the legal procedures before the transfer of land,clarifies the internal administrative relationship between the Planning Bureau and the Land and Resources Bureau in the formulation stage of the transfer plan,and draws the conclusion that the transfer fee is legal.The fourth part analyzes the legality and rationality of the administrative registration of the industrial nature of the refrigerated workshop.The fifth part,through the foregoing analysis,extracts the key points of the typed rules of judicial review of transfer contract;Finally,suggestions are put forward from the perspective of the integration of administrative licensing and transfer. |
