The Party That Has the Right to Invoke the Invalidity of an Auction Service Contract to Request the Cancellation of Land Use Rights Auction Results

In land use rights auctions, when an auction service contract is invalid, certain parties are still guaranteed freedom of will and legitimate interests. Therefore, if such parties are allowed to request the cancellation of the auction results, this may lead to the recognition of illegitimate rights, creating loopholes for such parties to evade their obligations, and infringing upon the lawful rights and interests of the owner of the auctioned property in general, and, in auctions for land use rights allocation and land use rights lease, the lawful rights and interests of the State. Therefore, correctly identifying the party that has this right is of great necessity. Through analysing the legal nature of auction service contracts and based on the theory of representation, this article argues and points out that only the owner of the auctioned property in land use rights auctions in general, and the Chairperson of the competent People’s Committee in auctions for land use rights allocation and land use rights lease, have the right to invoke the invalidity of an auction service contract to request the cancellation of the auction results. The article also evaluates the current legal framework and judicial practice, and proposes several solutions for improving and applying the law on this matter.