On The Case Of Yang’s House Demolition And Relocation On Collective Land Contract Dispute

Industrialization allows countryside resident transfer to city resident. When thehouse in the countryside that belongs to the transferred peasant is going to bedemolished, many infringement issues occur and many conflicts are intensified. It isworth investigating how to protect the benefits of transferred relocated peasantagainst being infringed.Plaintiff Mr. Yang and her children Mr. Zhang and Ms. Zhang are transferredrelocated peasant. The plaintiffs have signed “house sale agreement” with thedefendant. When the house was going to be demolished by government, the defendant,who has no land right of disposal, demolished the house. The village committee tookback the collective land use rights because the house was not available. The plaintiffrequested the Court confirmed "house sale agreement" invalid. The court finally handdown a verdict that confirmed the “house sale agreement” effective and dismissed theplaintiff’s claim to take back property proprietorship.The specificity of the case liesin defining if the transferred peasants have the demolition rights when the houses onthe inherited rural collective land are going to be demolished and if the plaintiff wasbeing infringed? However, during the case, a claim in tort by the solicitors wouldhave protected the rights of the plaintiff better. Unfortunately, the solicitor claimed incontract failed to protect the benefits of the plaintiff. It is worth noticing that theresults differ depending on the different claims. Through the analysis of these issues,we are aiming to understand the current status and development of rural housing landcase and seek a better solution. There is currently no law specifically solving thehouse of transferred peasants. The benefits of transferred peasant need to be protectedduring demolition of house on collective. A rural housing demolition administrationmanagement is extremely required, solving increasingly prominent and intensecontradictions and problems involved in rural collective land house demolition.