In view of the fact that, day at a gas station to obtain land use rights exist after soliciting number of flaws, the site also has the right to land contractual management, overlapping the fact two property. About the cancellation of the right to contracted management of land on the decision, put forward the following legal advice:

One, the legal nature of right to contracted management of rural land

"Management measures" of rural land contractual management of the provisions of article second: the right to contracted management of rural land is rural land contract after the entry into force, countries that enjoy the legal certificate of the right to land contractual management contractor according to law.

"Property law" the provisions of article 127th, "the right to land contractual management since the establishment of the contract shall come into effect upon the land contract management. The local people's government at or above the county level shall issue to the right to land contractual management right to contracted management of land, forest, grassland use right certificate, and registration record, confirming the right to land contractual management.

"Regulations of the people's Republic of China Rural Land Contract Law" article twenty-second, article twenty-third, "the contract goes into effect from the date of establishment. The Contractor shall take effect when the contract has the right to land contractual management." ", local people's governments above county level shall issue to the contractor the right to land contractual management or forest right certificate, and registration record, confirming the right to land contractual management.

According to the provisions of the law, the legal nature of the right to the contracted management of rural property rights, the establishment, change not to release the right to contracted management is essential, but that is produced in the civil legal act of signing contracts when. Government on behalf of the state to issue to the contractor certificate is to confirm the Contractor's right to land contractual management of administrative behavior, right to contracted management of land is contracted households to the contracted land has a legal certificate of the right to land contractual management, its only plays that role.

Two, to recover the right to land contractual management

Through legal procedures that the land contract null and void or revoke the land contract, is the main reason to recover the right to land contractual management, but not the only reason:

(a) the employer filed an arbitration, request that the contract is invalid or terminate the contract.

(two) days a gas station as the plots of land use rights, the interested persons identity filed an arbitration or litigation, request that the contract is invalid or terminate the contract.

"Rural land contract disputes mediation and Arbitration Law"The twentieth stipulation:" interested applicants and dispute ", can be used as the applicant filed an arbitration. Days a gas station as the right to the use of land, because the land set up other contractual operation right of land, the land use rights restricted and influenced, there are direct stake, should allow the arbitration or litigation rights.

In addition, according to the provisions of the "rural land contract disputes mediation and Arbitration Law", pre procedure of arbitration does not belong to the litigation, may also directly bring a lawsuit to the court.

Due to the procedures of arbitration and lawsuit system is not perfect, the relevant case handling personnel understanding of law, on the day of a gas station for arbitration or litigation subject qualification, in the case of review and trial, the investigators may have different opinions and views, and ultimately will affect the case can enter the proceedings.

(three) the contracted management of rural land warrants issuance and recovery system is different, issuing operating warrants should be signed land contract agreement as the premise, and to recover the right to contracted management of rural land in the statutory scope should be withdrawn. The fundamental reason for this is the difference between civil legal relationship and administrative behavior caused by different processing methods are not consistent.

Land contract management as a civil legal relations, the parties in does not violate the mandatory provisions of the law under the premise, to relieve, contract termination and compensation and other issues, the party has the right to freedom of choice. And to recover the right to land contractual management belongs to administrative behavior, characteristic often mandatory and timeliness, as long as the legal conditions of administrative behavior, which should start, managers and have no right to freedom of choice. Therefore, change and termination, the establishment of right to contracted management of land and the right to land contractual management, because of the different legal relationship exists and the different results.

To sum up, the issuance and recover the right to land contractual management belongs to administrative behavior, behavior is issued to confirm the contracted management of rural land contract, confirmed by the behavior of government credibility to contract, and to recover the loss behavior in legal nature is not a direct cause of contracted management rights. Therefore, the establishment of the right to land contractual management problem in the day at a gas station of state-owned land use rights, the termination of contract arbitration or litigation procedure, and then take back the contracted management of administrative behavior, will be built on the effective legal document, its effectiveness and on the more favorable.

The above legal advice for reference.