Research On Validity Identification Of Rural Housing Sales Contract In China

With the rapid development of our country’s economy,a large number of farmers have flocked to the cities to work and settle down,and vacant houses in rural areas have been transferred to buyers of different identities.With the deepening of urban-rural integration construction policy in China,there are more and more rural houses facing demolition,and the buyers and sellers often have disputes over the benefit distribution of housing demolition compensation.In the course of promoting the pilot reform of the rural homestead system,the circulation of land use rights of rural homestead and peasants should be released in moderation,which led to the gradual increase of disputes over rural housing sales contract.In real life,there is a lot of controversy about rural housing contracts,and the reason why the court cannot make a unified ruling is mainly because the current legislation fails to make explicit provisions on its legal validity.With the gradual development of the new rural construction,and separation of house-site in the countryside reform deepening,the increase of rural building business contract dispute,the root cause is the determination of rural building business contract effectiveness the imperfection of the laws and regulations,the people’s court ruled that the rural building business contract invalid legal basis is insufficient,the same or similar to the case,The people’s court’s ruling is contradictory,the litigants mostly choose to appeal,retrial,aggravating the shortage of judicial resources in Our country,and affecting the unity of judicial judgment results in our country.In addition,after the people’s court determines that the rural housing sales contract is invalid,because the law does not have specific dividing standards for the responsibility distribution of the parties,the same cases often occur,and the responsibility distribution of the parties differs greatly,which is not conducive to judicial fairness and justice in China.In rural housing sales contract validity dispute cases,the litigants often only require the people’s court to confirm the validity of the rural housing sales contract,and there is no specific requirement for the amount of compensation for the loss of both parties after the validity of the rural housing sales contract.As a result,only the validity of contracts for the sale and purchase of rural houses has been established in court decisions.After that,the parties also need to Sue the court again for the loss compensation after the validity of the rural housing sales contract,which will cost the parties and the court a lot of time,cost and energy,waste China’s judicial resources and affect social stability.For the settlement of disputes over the validity of rural housing sales contracts,it is necessary to formulate a unified legal standard for the validity determination of rural housing sales contract,clarify the specific situation of the validity and invalidity of rural housing sales contract,and prevent the inconsistency of the same case.;Second,the rural building business contract effectiveness invalid after the contract the parties need to refine the distribution law of fault liability,after the rural building business contract invalid,the buyer responsible for the return or the interests of demolished buildings,as part of the rural building business contract has been signed for more than ten years,if both parties responsibility unfair distribution,may affect social stability.Finally,the rural building business contract effectiveness after identifying and effectiveness responsibility distribution problems tend to appeal,the parties or apply for retrial,flexible court shall apply the principle of not to ignore,save the time and energy of the person concerned and make effective use of judicial resources.