| Economically affordable houses, a special type of real estate in our country, are generated in the transformation of the planned economy into the market economy. Economically affordable houses have the two characteristics of indemnificatory and commodity and there are great conflicts between these two characteristics. However, related legal provisions are not complete, which will result in a lot of related contract disputes. The essay will try to analysis the two cases about the two similar economically disputes about economically affordable house contract,which obtained the opposite judgments in the court, to explore the reasons for these disputes and put forward some suggestions so as to solve these disputes and consummate our country legal system on economically affordable housing. The whole study is divided into the following three parts:The first chapter Case studies and legal problemsFirst introduce the two cases about economically affordable house contract disputes occurred in Luoyang intermediate people's court by briefly describing the basic facts and the dispute. Next, analysis the focus of the dispute and related issues to make it clear what is the property right structure of economically affordable house and legal nature, learning more about the differences between economically affordable applicable houses and commodity houses. Draw a conclusion that due to the institutional defects in design, a lot of related cases are left in the objective difficulties in practice.The second chapter Domestic and foreign theory viewpoint and the related regulationsTrace back to learn about China's economy affordable house changes in the history of the legal system, the positive explorations made by the government in economically affordable house legal system construction and the problems in practice in the economically affordable house legal system. Learn from some foreign countries'experience in formulating the similar legal system, such as America, Singapore, South Korea, Japan and other countries. It is expected that the legal system support can be supplied to resolve economically affordable house disputes fundamentally.The third chapter Some suggestions on solving the disputes of economically affordable houses.In a word, based on the analysis of the former two parts and according to the specialties of related disputes, we should adhere to the guidance of "people first, construct the harmonious society" and the principle of "uniformity, fairness and justice, maintain the transaction security, balanced coordination" to handle the economically affordable house disputes. Finally, put forward some specific measures on legal practice and system in the six aspects of citizens, judicialness and legislation, system. |
