The Legal Problem Research Of Rural House Trading In China

At present, China is in a critical period of the new socialist countryside construction and a very high value on the rural economy. With the development of economic and deepening of rural reform., The rural economy has some new changes, Such as the increasing number of rural houses are bought and sold. Emergence of a large number of buying and selling homes in rural areas have pros and cons, the advantage is that farmerms can manage their private house freedom and reflect the property value of the house; the disadvantage is that due to the strict control of state land use right transfer, coupled with national legislation in this area is vague, inconsistent, resulting in a large number of disputes arising. The court verdict in the trial of related cases varied: Some admitted the contract for the sale valid, some are denied legal effect. Rural housing is farmers’ most important asset, essential for them, if the court can not reasonably and legally deal with these disputes, it may have a direct impact on rural economic development and stability. In view of the importance of the trading system of rural housing for the rural economy, the author of this system a more in-depth research and analysis, then put forward their views and suggestions, I hope can be beneficial to the trading system of China’s rural housing. This article is divided into three chapters: The first chapter is an overview of the rural housing into the trading system, introduces the related concept of rural housing, rural homestead, rural housing trading, as well as the historical evolution of the new rural houses of the trading system to be introduced and explained.The second chapter introduces China’s legislative system of the trading system on rural housing, as well as flaws in the analysis of the village housing the trading system of the lack of legislation and judicial practice. The lack of legislation, including legislation deviations in the positioning, legal norms are not clear and there is a conflict, the legislation lags behind the economic development status. Defects in the judicial practice include that buyers’range is a dispute and the effectiveness of the sale of housing is difficult to identify and so on.The third chapter focused on the lack of legislative and judicial in the second chapter, talk about how to improve the trading system of China’s rural housing in author’s opinion and understand.