The Legal Problem Research Of Rural House Selling

Because of the high prices of the house in urban area, property transaction in rural area becomes very popular. The house in rural area is very cheap. More and more people who cannot afford a house in urban area are going to settle down in rural area. On the other side, the new generation of farmers who grow up with the urbanization, would like to live in the city for better work and education. Their houses are usually their initial capital of the city life. The balance between the sellers and buyers are being destroyed by dispute. Some sellers violate the terms of the contract because the compensation for demolition. Usually they appeal to the court and request that such contract be confirmed as invalid. Although there are many cases of this kind in the court, we do not have a definition of the Sale and Purchase Contract. Sometimes different courts may give different Judgment to the same kind of cases. It is the provocation to the authority of the judge. The purpose of this paper is to provide relevant countermeasure. This paper could be divided into the following several parts.The first part gives a definition to sale of rural housing contact. This kind of contact will be signed between the sellers and the buyers. Meanwhile this kind of contact may involve other people, including their neighbors. So this kind of contract has its own characteristics.The second part focuses on the theory of property transaction in rural area.Now,there are so many different theories. 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. This article mainly relates to property rights issues> connection between house and homestead and the validity of selling contract. They are all very important.The third part is about discussing how to apply different laws. Different laws lead to different judgments. It is very important to make a certain law for this kind of cases as soon as we can.The fourth part is going to analyses the difference between "invalid contact" and " breach of contract". If the contact is invalid, we will suffer from a moral crisis.The fifth part is going to give a solution to the readers. First, we should have a uniform standard to the same kind of cases. Second, we should quicken land circulation.The core of rural problem in china is farmers’problem, while the core of farmers’ problem is still rural land problem. How to guarantee the essential rights of farmers faithfully is the most important subject before us.