Study On The Legal Nature Of The Transfer Contract Of State-owned Land Use Right

The transfer contract of state-owned land use right is an important way to allocate land resources in the socialist market economic system.By introducing the market competition mechanism,the natural resources management department improves the utilization efficiency of land resources and regulates and regulates the land market,so as to realize the dual value of land administration and the protection of private rights and interests.In practice,there are more and more disputes about the contract for the transfer of state-owned land use right.Its dual attributes and dual values lead to great disputes on the identification of its legal nature.Some people think it belongs to civil contract,while others think it belongs to administrative agreement.The core of this paper is to explore the nature of administrative agreement of state-owned land use right transfer contract.From the structure and content of the article,this paper is mainly divided into introduction and five chapters.In the introduction,it mainly introduces the background,research status and research methods of this paper.The research status is divided into two parts.In the foreign research status,it combs the judgment standards of relevant administrative agreements in foreign countries.In the domestic research status,it mainly combs the dispute process of the legal nature of the contract for the transfer of state-owned land use right,and makes it clear that the focus of the current dispute is between civil law scholars and administrative law scholars in the new stage of judicial interpretation of administrative agreement.The first chapter of the paper arranges and analyzes the relevant legislative evolution and the changes of judicial relief path of the current state-owned land use right transfer contract,so as to clarify its development process.The second part expounds the four views on the legal nature of the contract for the transfer of state-owned land use right,which mainly comes to the conclusion that the main reason for the dispute over its legal nature is the mixture of its administrative and contractual attributes.The third part starts from the state-owned land use right transfer contract itself,analyzes its subject,purpose and legal relations,clarifies the logical relationship between the intertwined dual attributes of administration and civil,and clarifies that the administrative attribute is the first in the state-owned land use right transfer contract.This determines that the essence of the state-owned land use right transfer contract is not a pure market transaction.The fourth part defines the legal nature of the transfer contract of state-owned land use right.Firstly,this paper analyzes the essential attributes and characteristics of the administrative agreement,points out that the administrative agreement has both administrative and agreement nature,and its essence is still an administrative act covered with the cloak of contract.The essential attributes and characteristics of the state-owned land use right transfer contract and the administrative agreement are consistent,and comes to the conclusion that it belongs to the administrative agreement.It is significantly different from civil contract.At the same time,it‘ analyzes the necessity of defining the state-owned land use right transfer contract as an administrative agreement from the practical level,and points out the paradox of defining the state-owned land use right transfer contract as a civil contract.Further support the legal nature of the administrative agreement of the state-owned land use right transfer contract.The fifth part,in view of the reasons for the confusion in the definition of the nature of the administrative agreement of the state-owned land use right transfer contract,and combined with the relevant trial cases,puts forward some suggestions,hoping to be beneficial to the determination that the state-owned land use right transfer contract belongs to the administrative agreement.