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The Legal Problem Research of Rural House Selling

Author: JinGuan
Tutor: JiangHaiShun
School: Yanbian University
Course: Civil and Commercial Law
Keywords: Rural housing Residential Land Use Right Business Legal issues
CLC: D922.181
Type: Master's thesis
Year: 2010
Downloads: 187
Quote: 1
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Abstract


The construction of a new socialist countryside is one of the priorities of our country at this stage. With the progress of the times and the deepening of rural reform, the rural economy of the new phenomenon, the number of rural housing trading is a increasing, it encourages rural residential land use right transfer speed. A large number of rural housing contract for the sale of entering into, on the one hand to highlight the farmers the right to dispose of private houses in the practice increasingly receive attention, the value of the property of private houses also slowly be reflected; but on the other hand, due to the state Homestead Right strict control, combined with the national legislation in this regard is vague and contradictory, also lead to a dispute. Court trial related cases because there is no clear legal rules guidelines, and its verdict is often quite different: Some recognition of such a contract for the sale, some are denied legal effect, and some take a variety of compromise . Because housing is people settle down, the adequacy of such disputes may directly affect the economic development and social stability. The increasingly tense after the founding of China's land resources, the new government has promulgated a series of policies to protect land, control of the buying and selling homes in rural areas has become increasingly strict. However, due to the effectiveness of different laws and regulations, local policies are emerging, leading to many problems difficult to solve when disputes arise in rural property for sale. Furthermore, this article analyzes the defects in our lack of legislative system on rural property for sale and judicial practice. Lack of major legislation, including legislation and policy dislocation defects, more principle, a lower level of legal norms, the existing homestead system and economic development status quo does not match, restrict the transfer of legislative policy did not play a good effect in the judicial practice of law mainly as a fair and reasonable judgment The rural housing contracts traded invalid there is no sufficient reason of the substantive law, and failed to achieve substantial benefits measure. To eliminate such shortcomings and deficiencies, a series of recommendations, including legislative policy from the control of the transition to self-government, to recognize the homestead right to use the conditional paid to obtain, strengthen the construction of rural social security, weaken the protection of land etc., on the basis of these reforms, the gradual recognition of rural housing and homestead right to use a free flow. In judicial practice, regardless of starting from the current legal system, or from the measure of interest considerations, should admit that rural housing contract for the sale of legally binding.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Management Act of utilities
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