Study On Settlement Of Rural Housing Ownership Contract Dispute

Rural housing sales contract disputes are mainly generated by the sale of houses built on the homestead that rural villagers have the right to use,the right to use homestead in China has identity characteristics and social welfare,it is the right set up to guarantee the living of rural villagers,only members of the villagers’ collective economic organization can enjoy it,national policy forbids urban residents from buying rural houses,random circulation of homestead is prohibited.However,with the development of economy and the acceleration of urbanization,many villagers went to cities to seek development,rural homestead and the house on the ground will be idle,for profit,many villagers still choose to buy and sell houses built on the homestead,it goes against the policy of the state.Because this kind of building cannot deal with property right to register according to national regulation,the buyer’s ownership of the house is difficult to secure,it is easy to have disputes about the housing sales contract.However,there are some problems to be solved in judicial practice.This paper is divided into four parts,the first part takes a typical case of disputes arising from rural housing sales as a starting point,we can have a basic understanding of the general situation of this kind of case in judicial practice by expounding the basic case and summarizing the dispute focus of both parties in the case;Then the court on the case of the thinking of the judgment and the results of the sorting list,what is more special about this case is that the verdict of the court of the second instance was completely opposite about the rural housing sales contract signed by both parties,the judgment reasoning of the court of second instance can well reflect some basic problems existing in the current practice.A list of these problems can help in the following problem analysis and suggestion.The second part is about the rural housing sales contract dispute overview.This part specifically analyzes and defines the concept of rural housing and its ownership,which can clarify the specific scope of this paper;the second part is to sort out the judgment of the case of "rural housing sales contract dispute" in 2021,half a year’s adjudication documents of Beijing and Shandong province with the largest number of cases were selected,through the analysis of the judgment results,the paper summarizes the trial status of rural housing sales contract disputes,so as to have a specific understanding of the handling of rural housing sales contract disputes.The third part is mainly based on the previous comb,summary and analysis,put forward the current rural housing sales contract disputes in the judicial trial of the existing problems.It is mainly divided into three aspects,the first on the one hand is for the trial of rural building business contract dispute,when the referee reasoning due to the relevant laws and regulations is not clear,the judge is mostly based on national policies as well as to the legal provisions of the interpretation of this for such cases to identify issues,especially the decision problem of contract effectiveness is insufficient;The second aspect is about the determination of the validity of the contract,the determination of the validity of contract is the starting point to solve the disputes over the contract of rural housing sales,but there are different opinions and judgment standards about the validity of contract in judicial practice,this makes the adjudication of rural housing sales contract disputes more chaotic,not conducive to maintaining judicial credibility;The third aspect is the settlement of follow-up problems after the contract is judged invalid,including the return of the housing,the buyer’s loss compensation scope and the responsibility of both sides of the division standard,different court decisions and reasoning are not the same,there is no unified standard for reference.The fourth part summarizes the three aspects of the judicial trial mentioned above,as well as the views and suggestions of the scholars in the review part,and puts forward the measures to solve the rural housing sales contract disputes.One to one correspondence with existing problems,the first point is to improve the specific provisions of relevant laws and regulations,and in the long run,the transfer of residential houses on homestead should be appropriately and conditionally relaxed,in line with the national policy of encouraging the revitalization of idle homestead;The second point is the identification of the validity of the contract,should be divided into unified standards,basically is to buyers the house to be not this village collective member,but the circumstance that should identify effective contract undertakes clear however;The third point is to unify the specific situation that the buyer does not need to return the house after the contract is invalid,so that the judge has a unified reference standard in the judgment,as well as the buyer’s loss compensation scope and the responsibility division of both parties to put forward suggestions,in order to have a unified standard,can ensure that the court’s judgment results are basically consistent,better safeguard the rights and interests of both parties and judicial credibility.