The Dilemma And Outlet Of Contract Litigation For The Assignment Of State-owned Land Use Right

The contract for the transfer of state-owned land use rights is an important part of my country’s system of paid transfer of state-owned land use rights.Effective settlement of land-use rights transfer contract disputes is an important part of ensuring the healthy development of the paid transfer system of state-owned land.However,unlike France,my country does not have a special "Administrative Contract Law" to adjust land use rights transfer contracts.Moreover,the existing civil contract laws and regulations also do not make clear provisions on land use rights transfer contracts.Land use rights transfer contract litigation has characteristics such as the ambiguity of legislation at the legal level,the inequality between administration and justice,the conflict of judicial interpretation,and the weak reference of guiding cases.It is precisely based on the status quo and characteristics of the litigation system of land use rights transfer contracts in my country that all parties have disputes over the determination of the legal nature of land use rights transfer contracts.For a while,three viewpoints emerged: advocating civil contractuality,advocating administrative agreement and advocating mixed contractuality.The dispute over the identification of the nature of the contract has directly led to the vacillation of the choice of civil litigation or administrative litigation in the types of contract litigation procedures in courts at all levels.Since 2015,courts at all levels have applied civil litigation and administrative litigation procedures to hear the number of land-use rights transfer contracts,but the number of civil litigation cases is slightly more than that of administrative litigation cases.On the issue of whether the third party and the administrative agency have the qualifications of the plaintiff,the legal norms of civil litigation and administrative litigation are inconsistent.In civil litigation,the third party does not have the qualification of the plaintiff,and the administrative agency does not have the qualification of the plaintiff in the administrative litigation.Because the land-use right assignment contract has both the nature of a civil contract and the nature of an administrative act,it is easy to happen that the judges choose to apply the law in different standards when trying the contract litigation cases,resulting in the substantive dispute between the plaintiff and the defendant not being resolved.Facing the current difficulties and difficulties in land-use rights transfer contracts,it is destined that a single choice of civil litigation or administrative litigation will not be able to completely resolve the focus of disputes in the transfer contract.So what method can be used to solve the dilemma?In a way that does not strictly distinguish between civil litigation and administrative litigation procedures,it can be said that it is a feasible way to classify and identify the plaintiff’s litigation claims after the court’s case-filing division accepts the case,and appropriately choose the litigation procedure.In terms of specific operations,based on the legal normative basis of the rights claimed by the plaintiff and the effectiveness of the preferential rights of the administrative agency in the disputed case,the qualitative dispute is a civil dispute or an administrative dispute.If it is an administrative dispute,the administrative litigation procedure shall be applied.If it is a civil contract dispute,the parties concerned shall choose which litigation remedy procedure to apply after negotiation between the parties.In addition,based on the theoretical construction of the rule of law in my country,the actual conditions of judicial practice and the development requirements of the rule of law,we will fully absorb the experience of France and Germany on the administrative contract litigation system,and clarify the subjects in the litigation of disputes in the land use right transfer contract at the legal level.Qualifications,burden of proof,and standards applicable to the law to achieve the settlement of disputes in land use rights assignment contracts.