国有土地使用权出让合同中政府法律风险防范机制分析word格式论文.docx

Chinese state-owned land use right transfer, including the allocation and transfer of two ways, but with the development of market economy, land use right way to get more and more widely used, and thus, the state-owned Land Use Rights Grant Contract as an important form of transfer appears to particularly important. Currently, the administrative law scholars studied the few state-owned land use rights, and most of the major standpoint land grant contract transferee explores the nature of the right to exercise executive excellent benefits and disputes relief and so on. The author believes that the government is also facing a risk of contracting parties, and representatives of the public interest by the Government to manage social, risks it faces behind the loss is more serious. Therefore, the state-owned Land Use Rights Grant Contract risk prevention mechanisms in government research have far-reaching significance. This article attempts to look at from the perspective of the government-owned Land Use Rights Grant Contract, analyze the risks they face because of the risks arising from government contracts and make recommendations for risk prevention by drawing on the experience of enterprise contract risk prevention. Therefore, this article is divided into the following five sections:The first part describes the status of the land grant contract. By example and analysis of legal regulations finishing, typical cases, the practice shows that there has been government departments to perform their duties because of lazy, transfer procedures and other illegal acts frequently Litigation phenomenon disputes.The second part is the Governments legal risks faced by the land grant contract. The contracting part of the contract, signed fulfills the risks faced by each part of the analysis, and through case studies further confirmed.The third part analyzes the reasons for the land grant contract legal risk incurred. This part of the analysis of the above cases, summed up the reaso