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Research on Legal Issues of Rural Property Transfers

Author: TangYongHui
Tutor: ZhangZhongYe
School: East China University of Political Science
Course: Legal
Keywords: Rural houses Business Land use right
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 364
Quote: 1
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Abstract


In recent years, with the strengthening of China's economic and social development and urban-rural exchange buying and selling homes in rural areas, the People's Court accepted the case more and more. But due to fuzzy and the absence of relevant legislation, the court finds the sale of housing in rural areas effectiveness suffered the law applicable to the dilemma, is not the same all over the court verdict in the trial of similar cases by applicable law. The reason lies in the contradiction between the law lag and rapid development of the social reality of change. With the development of society, this conflict will become more prominent, the increasing demands of the community on deepening the reform of land use right to build apartments for sale in the legal system in rural areas. In October 2008, the decision of the CPC Central Committee on rural reform and development on major issues \transfer of land use rights, open specification, in line with the planning under the premise of equal property rights with the state-owned land. promptly improve relevant laws and regulations and supporting policies, regulate and promote the reform of rural land management system. \use rights reform is imperative. Rural real estate market and homestead reform, through the analysis of the trading legal issues for rural housing, the argument to build rural houses trading rationality of the system, and proposed initial concrete ideas. This article is composed of three parts by the introduction, body and conclusion. Introduction This article topics background, significance and writing ideas. The first chapter is an overview of buying and selling homes in rural areas. Introduces rural housing, rural apartments for sale and other related concepts and their characteristics, type a brief assessment of the new China Rural House Transaction History and current legislation on the positioning of the buying and selling homes in rural areas. The second chapter of the plight of the sale of the legal system of China's rural housing analysis and put forward corresponding countermeasures. Identified differences on the rural housing contract for the sale of the effectiveness of trial practice and legal theory on the housing market in rural areas \is reasonable. Chapter III of the Rural Housing trading system concept. The reality path - building a system of buying and selling homes in rural areas conditional recognition of the legitimacy of the sale of housing in rural areas, giving rural land use right and the same as the state-owned land use rights negotiable position, to take reasonable and appropriate, orderly manner progressively liberalize and regulate the real estate market in rural areas. The epilogue to sort out the point of view of this article. Proposed to improve the relevant legal system, to recognize the legality of buying and selling homes in rural areas, to allow the land use right transfer with the transfer of housing, in the case of strict land management to promote trading healthy development of China's rural housing.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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