The Analysis Of A Case About Wang Zhenhai And Wu Qin Dispute The Homestead Right

In this paper, the application in May 2008 with the civil cases for a retrial of the entry point to discuss the part of members of non-collective use of the right to buy house sites, they did not buy at the beginning of the membership of collective organization, but settled down after the local purchase and post-qualification of the villagers , ownership of the homestead right to use the issue of how to identify. In the "People's Republic of China Land Management Law" has not yet been promulgated by the early years, the circulation of the right to use the homestead did not pass the legal means to identify. Some members of the collective economic organizations in order to obtain greater economic benefits to non-members of the collective economic organizations to apply for betraying their right to use the homestead. Then, "People's Republic of China Land Management Law" promulgated, the state also does not allow the villagers repeated injunctions to non-members of the collective economic organizations homestead betrayed. In addition, in recent years, national and local governments have imposed expropriation homestead village, to give the people the right to use the homestead of the compensation was much higher than the price of selling out, so many betrayed the villagers the right to use house sites will then have the right to use the homestead on the Court of Appeal buyers. Adopted with a view to claim that the contract was sold out does not work, find another way to obtain compensation or high income. The homestead was the use of the right to purchase the buyer may have lost the lawsuit on which the lives of their homes. How in the end that the transactions of such homestead right to use the effectiveness of the contract related to the interests of buyers and sellers. In China, the existing legal system tend to the provisions of this question of principle, and can not deal with specific cases of judicial practice of the complexity and diversity. Teaching style will cause entities unjust sentence, and left a lot of side effects, is not conducive to social harmony and lasting peace and stability. In this paper, the right to use the case of homestead qualified buyers and sellers about the identity, the inheritance of both qualifications, betrayed for the purchase of qualified homestead right to use the nature of the flaw with the effectiveness of civil conduct feasibility studies, etc., give the The author's own ideas and proposals. Another article on the details of the case involved questions, such as undisclosed agent, civil law, such as the retrospective effect of the problem has also discussed.