目前,全国经营性房地产用地已全面实行招标、拍卖、挂牌方式出让。经营性房地产土地使用权的招拍挂出让是批文加合同的形式,在出让之前审批环节已经办理,弱化审批、强化合同属性,是经营性房地产用地出让的发展趋势。通过签订合同出让国有土地使用权,是契约行政观念直接生动的体 At present, the land for commercial real estate throughout the country has been fully bided, auctioned and listed for sale. The bidding and auctioning of the land use rights of the operating real estate is a form of approval and contract. The examination and approval procedures have been handled before the transfer to weaken the examination and approval and strengthen the contractual properties, which is the development trend of the sale of the operating real estate land. The transfer of state-owned land use rights through the signing of contracts is a direct and vivid body of the contract administration concept