Legal Measures To Solve The Rural Housing Transaction Disputes

Chinese society now is facing an unprecedented transition, that is to say, the development of market economy and urbanization makes a tremendous impact on the traditional urban-rural dual structure. With the rapid development of China’s economy, rural housing transaction which is originally in the silent state enters into a relatively active state.A large number of rural labor force swarmed into the cities to search development opportunities, causing more and more rural housing idle. Some villagers transfer their houses in the form of selling in reality, and then the trades present a rising trend. The buyers are no longer limited to the same collective economic organization members; they extend to the outside, even to urban residents. Our country starts the large-scale urbanization in rural areas and the construction of large-scale project in recent years, accordingly, some rural houses need to be removed and compensated. The compensation amount is often high, producing high economic value; what’s more, housing transactions involve rural homestead-land-use-right which is very sensitive in real rights. Under the temptation of huge economic benefits, the sellers will claim that the contract is invalid with various excuses, certainly the buyer won’t agree with them.There are a lot of different opinions on the problem of trading contract effectiveness and the contradiction on both sides begins to arise; rural relations of production and living are affected. According to the current law rules, the ownership of the house belongs to the villagers; the rural houses are built on collective land which has welfare; rural construction land is a special right in China which is different from urban construction land use rights-the villagers only have the right to use; house and land are traded at the same time. Property transactions relationship is complex, but at present, the law on rural building business is very defective. For this reason, the judicial organs do not have a unified judiciary trial results without the guidance of the unified legal norms. The same case often leads to different trial results and the practice of law presents a state of chaos, then the authority of the judiciary has been weakened. According to the statistics, the numbers of similar disputes in our country become more and more in recent years, however, the cause of this phenomenon is manifold:the main reason is lack of laws to adjust the problem in our country. Different places have different policy for such problems, so the people’s court feels very difficult when dealing with such problems. The constitution provides that everyone is equal before the law, while rural and urban citizens are apparently unfair in the law on dealing with their houses:urban residents can get economic interests by trading houses, while rural residents cannot trade their own houses. Even if the house is to be traded, its power is not guaranteed because of the lack of law.In this paper, I read a large number of domestic and foreign related works, based on trial practice, using the method of comparative analysis, trying to find out the background of the conflicts, then provide constructive suggestions to solve this problem for the purpose of promoting the construction of new socialist countryside and harmonious society.