Author(s)

Zhang Tianlin ¹

Affiliation(s)

¹ Southwest Petroleum University, Chengdu, Sichuan, China

Corresponding Author

Zhang Tianlin

ABSTRACT

From two judgments issued by the Supreme People's Court, it can be seen that there are differing opinions in practice regarding the nature of state-owned construction land use right transfer contracts (hereinafter referred to as "use right transfer contracts"). By analyzing the nature of the contract for the transfer of state-owned construction land use rights in light of the specific circumstances of the case, we can determine the criteria for distinguishing between civil contracts and administrative contracts from multiple perspectives, including the main elements, purpose elements, and content elements of the contract.

KEYWORDS

Administrative Contracts, Distinguishing Criteria, Civil Contracts, Right-to-Use Contracts

CITE THIS PAPER

Zhang Tianlin. Criteria for Distinguishing between Administrative and Civil Contracts. Science of Law Journal (2025) Vol. 4: 38-42. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040406.

REFERENCES

[1] Wang Liming, On the Scope of Administrative Agreements - Commenting on Articles 1 and 2 of the Provisions on Several Issues Concerning the Trial of Administrative Agreement Cases. [J]. Global Law Review. 2020(1).
[2] Xu Hongxin, Si Wanting, Hao Liqin, Xue Lingzhi, Identifying the Nature of Public Housing Lease Contracts, [J]. Hebei enterprise.2022.(4).
[3] Jiang Ming'an, ed., Administrative Law and Administrative Procedure Law, Peking University Press [M], Beijing: Higher Education Press, 2003; 87.
[4] Yang Xin, on the criteria for distinguishing administrative contracts from civil contracts, [J]. Administrative law research. 2004.(3).
[5] Lu Jing, Identification of civil contract and administrative contract, [J]. Journal of party cadres. 2014.(1).
[6] Wang Ping, Comparison of civil contract and administrative contract and its revelation, [J]. Wuhan university journal (humanities and social sciences edition). 2000.(3).
[7] Lei Lei, on the demarcation between administrative contracts and civil contracts, [J]. Network wealth. 2009.(2).

Sponsors, Associates, and Links

---

• Journal of Language Testing & Assessment
  
  
• Information and Knowledge Management
  
  
• Military and Armament Science
  
  
• Media and Communication Research
  
  
• Journal of Human Movement Science
  
  
• Art and Performance Letters
  
  
• Lecture Notes on History
  
  
• Lecture Notes on Language and Literature
  
  
• Philosophy Journal
  
  
• Journal of Political Science Research
  
  
• Journal of Sociology and Ethnology
  
  
• Advances in Broadcasting