Criteria for Distinguishing between Administrative and Civil Contracts

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.