On The Case Of Shi Mou And Xue Mou Rural Building Business Contract

Homestead is the life for900million farmers in our country, this system is characteristicof the system in our country. Along with our country economy fast development, thecountryside has also been involved in the tide of market economy, the impact of variousinterests, farmers also changed dramatically, making the flow of housing land use right at theforefront. At present, the rural housing land and building business become more common, thedispute also emerge in endlessly, cases related to the study is of great significance to solvepractical problems.Through Shi Mou and Xue Mou sale housing contract dispute and analyzed in thisspecific case, from the court’s situation, this paper elaborated the case of disputes, the historyof a certain behavior by the transfer of right to use house sites between Xue Mou effective,Xue Mou and Zhong Mou to conclude the sale and purchase contract is valid, as a thirdperson,Shi Mou can ask for Xue Mou and Zhong Mou to conclude the sale and purchasecontract is null and void. And then focusing on the analysis of the case dispute over severalqualitative behavior, namely the housing land use right transfer, rural areas and the validityof the sale and purchase contract, third party claims that contract is invalid. Finally get thefollowing conclusion: according to the existing legal system, in this case related to Xue Mouand Zhong Mou to sign the sale and purchase contract belongs to the independent behavior ofassignment of the homestead, due to the violation of mandatory provisions of law in ourcountry, belongs to the invalid contract. As a history with the third person Xue Mou buildingbusiness contract has an interest relationship with Zhong Mou, shall have the right to claimthe contract null and void.Shi Mou and Xue Mou business contract dispute cases in history, to understand the ruleof law, produced in the process of application of law should uphold the concept of justice.Trial process is, in fact, the judge applies the law, of legal interpretation and legal certaintyof inner spirit is the key to correctly judge.，of course, this process should be carried outbased on facts and take law as the criterion of principle, but when the judge face legal textsemantic fuzzy, should adopt a more cautious attitude, carefully to understand the profoundmeaning behind the law, only in this way can we truly achieve judicial fairness.