关键词: 国有土地使用权出让合同, 法律属性, 诉讼路径, 制度完善

Abstract: There have always been two different views in the theoretical cycle on the legal attribute of state-owned land use right transfer contracts, namely civil contracts and administrative agreements. In judicial practice, some disputes of state-owned land use right transfer contracts are solved through civil litigation and administrative litigation. Analyzed from legal attribute of contracting parties, purpose of contract, self-determination scope of content and rights and obligations of both parties to the contract, state-owned land use right transfer tracts should be classified as administrative agreements. There exist problems if land use right transfer contract disputes are solved through sole civil litigation or sole administrative litigation. Litigation path should be determined in accordance with the subject identity of prosecutors and nature of the dispute within the scope of mixed dispute resolution path. In addition, with added mechanisms of "reverse litigation", "administrative mediation" under administrative litigation paths and "incidental administrative review" mechanism under the civil litigation path, mixed litigation paths become a clearer and smoother way.

Key words: state-owned land use right transfer contract, legal attribute, litigation path, system perfection