On The Dispute Resolution Mechanism Of The Assignment Of State-owned Land Rights

The difference between the civil contract and the administrative agreement on the nature of the contract for the grant of state land use rights is the fundamental reason for the dilemma of its judicial application.The definition of the nature of the contract for the grant of state land use rights should be based on the whole process of the conclusion and performance of the contract for the grant of land use rights.The equal legal status of the parties,the conformity of the land grant contract with the provisions of the Civil Code,as well as the requirement to maintain the seriousness of the contract in the process of performance,all constitute the definition of the civil properties of the grant contract.The land administration department as the subject of the grant has special characteristics,which are reflected in the special nature of the subject of the contract,administrative preferential rights and government interests.Based on the fact that the land grant contract is established as a civil legal relationship,the transactional properties of the contract,the property properties and the maximisation of economic interests,it is more in line with the nature of the grant contract to consider the land grant contract as a civil contract.In addition,based on the "duality" of the identity of the land administration department and the reasonable restriction and protection of the administrative benefit and government interest,it is more in line with the nature of the contract of grant of state-owned land use rights as a special civil contract.In view of the fact that the contract for the grant of state-owned land use rights as a special nature of the civil contract,both part of the administrative properties,in the current litigation mode and trial environment,it is necessary to use civil administrative review in the suit,and through arbitration and other multi-disciplinary solution to optimize the judicial solution to disputes over the contract for the grant of state-owned land use rights.