Research On The Legal Issues Of Rural Housing Sale Under The Background Of Homestead Circulation Reform

Under the background of the rapid development of urbanization in China,the complete closure of the homestead system can no longer meet the actual demand for diversified property use of rural land.As a real transaction in this "crack",rural housing sales epitomize the contradiction between the security of the homestead system and the property nature of rural houses.From the combing of the results of judicial judgments,it can be seen that in judicial practice,there is a problem of inconsistent basis for invalidity in contracts transferred from rural houses to non-members of collective economic organizations,and there are also problems in whether the principle of one household,one house violates the principle of one household,one house and the determination of membership of collective economic organizations arising therefrom.The reasons for the different adjudication results of rural housing sales contracts are mainly due to the single right structure set up by the homestead system,the lack of clear legal support for the political considerations of state organs to maintain rural social stability,and the effectiveness of rural housing circulation.There are also different views on how to strike a balance between maintaining the protection function of the homestead system and exerting the property value of rural houses.The reform of homestead circulation is to adhere to the collective ownership of homesteads,guarantee the qualification rights of farmers,and revitalize the right to use homesteads,and its reform goal is to seek effective solutions to the contradiction between the guarantee function carried by rural land and the property value function of rural houses in the new era.The pilot reform of the separation of powers in homesteads provides us with different models for reference to solve the idle use of rural homesteads and appropriately activate the market-oriented utilization of rural housing.Analyzing the legal relationship between rural housing sales under the reform of the separation of powers among homesteads,the principle of integration of real estate and land does not automatically apply to rural homesteads,and the basis for the transferee’s right to occupy and use the homestead should be set on the basis of affirming the legality of the external circulation of rural houses.Under the premise of strengthening the power attributes of collective ownership of homesteads and adhering to the guarantee of homestead qualification rights,the legal lease right of homestead or the right to use construction land for collective operation are set for the transferee,which can realize the circulation of rural houses on homesteads under certain conditions under certain conditions and release the market vitality of rural houses under the condition of balancing the interests of all parties.