| From the perspective of civil subject theory, law of value, comparative law and history of laws, the thesis expounds that the contract on the transfer of the contractual right of rural lands is in nature a civil contract instead of an administrative one. Then it explores the defects in the contract from the viewpoint of legal value goal, contract law and legal sociology, that is, the relevant provisions in Rural Land Contract Law and Explanations of Supreme People’s Court about the Issues concerning the Laws Applicable to the Trial of Cases of Disputes over Rural Land Contracting go against the principle of free contracting and run counter to the legal value goal of justice, so they do not achieve good implementing effect. Finally, the thesis demonstrates... |
