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●国有土地使用权出让合同是行政法将行政权力因素与契约精神有机结合,再运用到土地管理中的一种表现。它在契约的法律形式下蕴藏着浓烈的行政色彩,在法律上充分地体现出行政性或权力因素。●国有土地使用权出让合同作为一种行政合同,既是政府用来加强对土地市场进行干预的行政手段,又是公民对政府权力进行限制的方式。●行政合同之所以成为行政合同而不是民事合同,最根本的特征在于行政合同本身是执行公务或履行行政职责的手段。因此,行政合同必须服从它在整个执行公务或履行行政职责过程中的地位、作用和目标,要按照行政法的规定和行政法律规则签订、履行。
● The transfer contract of the state-owned land use right is a manifestation of the administrative law that combines the administrative power factor and the contract spirit into the land management. Under the legal form of contract, it contains a strong administrative color and fully reflects the administrative or power factors in law. ● As an administrative contract, the contract for the assignment of the right to use state-owned land is not only an administrative measure used by the government to step up intervention in the land market, but also a way for citizens to limit the government’s power. ● The most fundamental feature of an administrative contract that becomes an administrative contract rather than a civil one is that the administrative contract itself is a means of carrying out official duties or performing administrative duties. Therefore, the administrative contract must obey its status, role and purpose in the whole process of performing official duties or performing administrative duties. It must sign and perform in accordance with the provisions of the administrative law and the administrative laws and regulations.