Studies On The Issues Involved In The Sale Of Rural Housing

With the rapid development of our economy, the process of urbanization accelerates, the boundaries between urban and rural areas increasingly blur, a large number of rural population transfers to the city, vacancy rate rural housing increase, “hollow village” appears in many places, and at the same time, more and more urban residents have begun to choose to buy houses in villages, which triggers more and more disputes. Now the failure of the formed systematic legal regulations on the sale of rural housing in our country results in the lack of uniform standard in the determination of the validity of the sale contract of the rural housing by the court. Therefore, how to determine the validity of the sale contract of the rural housing and how to further improve the legal provisions on the sale of rural housing become an urgent problem to be solved.This paper is divided into four parts, and the author endeavors to make deep research on the issues involved in the sale of rural housing in our country in the four parts and research the improvement on the validity of the sale contract of the rural housing and the legal provisions on the sale of rural housing in our country.Part One introduces two typical cases in the sale of rural hosing in the judicial practice, introducing the issues to be discussed from the two sale cases of rural housing.Part Two theoretically overviews the sale of rural housing. This part mainly introduces the concept and characteristics of the sale of rural housing, the relevant provisions on the sale of rural housing in the current law, rules, regulations and other regulatory documents as well as the three views of the academic circle on the “permission” and “prohibition” of the transfer of rural residential land.Part Three researches the validity of the sale contract of rural housing. Combined with the two cases in Part One, this part elaborates the reasons for invalid and valid theory of the contract and expresses the opinions of the author.Part Four further discusses the improvement of the legal provisions on the sale of rural housing. This part mainly proposes some ideas on the further improvement of the legal provisions on the sale of rural housing, for example, to reform the transfer of the right to rural residential land, establish the land use right and housing property registration system similar to the urban area and further improve the other supporting systems.