Title: Civil Contract or Administrative Contract: Making Grant Contract of Land Use Right to a Kind of Pure Civil Contract
Abstract: The purpose of the study is to overcome the practical difficulties resulted from the mixed legal nature of the contract of granting rights to use of State-owned land(granting contract).Methods of case study,cause and effect analysis were employed.The results indicate:(1) the development of State-owned land granting practice brings more administrative contents into granting contract,which makes the granting contract to have characteristic of both civil contract and administrative one;(2) the mixed legal nature brings difficulties in law application in which the two values in granting contract harm each other,and brings conflicts in administrative power between urban planning agencies and land administration agencies;(3) the solution is to delete the administrative content in granting contract and make the contract a kind of pure civil contract.It contributes to the development of land granting practice that government agencies make the granting contract a kind of pure civil contract.
Publication Year: 2007
Publication Date: 2007-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot