The Legal Problem Research Of Rural House Selling

To build up a new country is one of our currently important targets. The problems in rural areas has been confusing us for a long time, however, with the great development of the society, there are many new problems appearing. One of them is that the quantity of houses purchases in rural areas has increased a lot. The exchanging of the rooms of the peasant has also become common.On one hand, these phenomenones displace that the disposition right of farmers to their houses is gradually protected. But on the other hand, due to the strictly controlled by the government, and lack of complete and uniformed regulations about these aspects, a lot of litigations has appeared. In fact, the judgements of the courts are quite different with each other for lack of concret regulaitons to direct. Some courts confess the effectiveness of the contract for purchasing the rural houses and some defy its effectiveness. Because the houses are very important for peoples'living, so the solutions to these problems has a close relation to the development our economy and our country's stabilization.After the founding of China's land resources become more strained, the new government introduced many policies to protect the land, control of the sale of rural housing has become increasingly strict. But due to all the effectiveness of different laws and regulations and local policies are emerging, it leads to the sale of rural housing in the dispute and many problems are difficult to solve. Furthermore, this article analyzes the current trading of our legislative system on rural housing deficiencies and shortcomings in judicial practice. The weakness of the legislation, includes that legislation policy is put in the wrong place, the more the principle of the law, the legal norms of a lower level, the current homestead status of the system incompatible with economic development, and that restrictions on the transfer of legislative policy does not play such good results. Deficiencies in the judicial practice in rural areas are mainly for the decision nulling and voiding the contract buying and selling homes, which there are not sufficient grounds for substantive law and the real interests of the measure failing to achieve a fair and reasonable goal. In the third part of the article, a series of recommendations are made. In the legislative policy it has to shift from control to autonomy, recognition of a conditional land use right with compensation, and strengthen the construction of rural social security, weakening the protection of land features, etc are all necessary. And on the basis of these reforms, we should gradually recognized the right of rural housing and the free flow of Homestead. In judicial practice, both viewing from the existing legal system, or from the interests of the measured considerations, the binding effectiveness of contract for the sale of rural housing should legally be recognized.