Research Legal Issues Of The Peasants’ Movingback Housing

Because of the special nature of the peasants’ moving house,involving many stakeholders,it directly affects the rural land and the vital interests of the peasants.In recent years,with the acceleration of new urbanization,land expropriation has caused a large number of peasant housing demolition and relocation,and the resettlement and transfer of farmers have become prominent.Because of the particularity of rural collective land and the non real right property right of peasants moving back to property,the existing law is not clear about the civil rules and regulations of the moving house.Farmers move back to the room may be a variety of circumstances,the first case is that the house was originally demolished commercial housing,and its housing property is also moving back after commercial housing.Property rights applicable to the provisions of commercial housing law and property law related provisions.The second case is the demolition of housing in rural collective land on private property,the movement of the housing land is generally transferred.The third case is the nature of housing for the housing economy.Property rights shall be governed by the State Council on the administration of affordable housing.In the second case,the current law does not specify,and this article discusses second cases.This article from the judicial practice of two cases to introduce farmers returned housing for civil law issues,from Liu Shilan v Wang Wenpei housing sales contract disputes case analysis and found that China farmers returned to transfer the legislative conflict.First of all,this paper analyzes the property rights of farmers returned housing,through comparative empirical research and theoretical analysis methods to compare farmers returned housing and commercial housing,affordable housing,summed up the legal characteristics of farmers returned housing.This paper believes that the farmers returned housing should have complete property rights,combined with the contract dispute cases of Liu Shilan and Wang Wenpei,summed up the characteristics of the farmers returned housing policy,the characteristics of property ownership,analysis of the farmers can not enjoy the full property rights of returned housing and the farmers returned the interest subject is complex,leading to the problem of the loss of property rights for farmers returned property rights.Then analyze the reasons for the lack of farmers returned housing property rights,and on this basis,put forward the right to enjoy the property rights of farmers to improve the right to improve the proposal.Secondly,the paper analyzes the effective,ineffective and ineffective situation of farmers’ returned housing for transfer contract.This paper argues that the farmer returned to the assignment contract as an effective contract,the reason is that in addition to the effectiveness of the contract law provisions of the situation,should pay due attention to the autonomy of the meaning of the contract.Even if the returned house is not transferable,it does not affect the effectiveness of the returned contract for the assignment.Finally,through the Erdos city Zhejiang star investment co.,ltd and the defendant discount viann,Zhang Bingzhi,Liu Yutao application for enforcement against the case,the discussion concluded that in the enforcement proceedings the creditor has the priority of compensation for farmers returned housing.