Analysis of Mixed Attributes of Land Use Right Transfer Contract and Its Application of Judicial Remedy: Thinking and Correction Based on Two-stage Theory

The contract of state-owned land use right transfer is faced with the conflict of private law or public law mode in the settlement of its dispute because of its different understanding of "civil or administrative" attributes, and the key to dispelling the problem is to properly analyze its contract attributes.Combined with the analysis of "two-order theory" and its application of localization, the contract has the mixed nature of two-stage, that is, the signing of the contract as a boundary, the first stage is the land transfer administrative license stage belongs to the nature of public law,the second stage is the contract signing performance phase is essentially private law nature.Based on this, after feasibility analysis and case test, the mixed relief mode of "administrative relief and civil relief" is initially constructed, which avoids the imbalance of the single relief mode in the protection of rights and interests.In addition, "the second phase is fully integrated into civil relief" should be amended to "identify the elements of its public law", that is, "administrative sanctions for the supervision of contract performance" should be incorporated into administrative relief.