On The Treatment Of Rural Homestead Housing Circulation Dispute

At present, Chinese farmers enjoy both homestead using right and housing owners-hip. However, the circulation right exists in name only. The lack of law s and regulation-s for solving the problem leads to endless rural land circulation disputes. In judical prac-tice, different judgements may apprared in same cases. Farmer’s private property rights can not be effectively protected, which may in evitably bring new troubles and social pr-oblems to judicial practice, and theref ore result in huge hidden social troubles. Under this background, this paper combs the legal problems of rural house circulation contractual disputes, analyses system factors in the formation and transfer of the rural homestead in the case. Taking the problem in this case as a clue, this paper analyses the dispute on the effectiveness of house real sale contract, makes a comparison of the advantages and disadvantages of the judical practice between the two documents through a comprehensive analysis of the different identity theori es of the mandatory provisions and reference on the practice innovations of Shanghai and Beijing, and then puts forward some suggestions and prospects of the system construction under the premise of rural homestead housing transfer.