Studies On The Improvement Of The Transfer System Of Rural Housing In China

At present, with the yearning for rural living environment and the pressure of high prices in city, the transactions as taking the rural housing as the sale subject become increasingly frequent. The urban people and rural people each take what they need, and the sale of rural housing is increasingly frequent, but restricted by the guiding thought of legislation and the then social production relations. The strict control over the transfer of the use right to the homestead within the scope of rural housing and the fuzzy and inconsistent legal provisions result in the numerous disputes filed with the courts. However, the courts decide similar cases differently: some hold that the sale contracts are valid while others are not, some hold that the contracts are valid under special circumstances, which affects the seriousness and the uniformity of law. Because of the great importance of the sale system for rural housing to the realization of the integration of urban and rural areas, the author starts from the historical development and existing problems of this system,and proposes his own views and suggestions.Apart from introduction, this paper is composed of four parts,... words in total.Introduction. This part mainly elaborates the sharp contrast between the high prices of urban housing and the low prices of suburban areas, and the intangible market of rural housing has been formed. In the rural areas, the sale of the housing by the farmers who have settled in the city to the members of the collective economic organizations is not conducive to the realization of the housing value and the vacancy rate of rural housing is high. The old sale system for rural housing has already not been suitable to the development of the condition, and the reform is necessary.Part One constitutes the introduction to the case. This part mainly introduces the origins and the detail of the cases in Shanghai and Beijing, where the courts held that the sale contracts in which the rural housing was sold to the individuals other than the members of the collective economic organizations were invalid; however, Shanghai takes the town as the standard while Beijing takes the village as the standard in the cognizance on the the collective economic organization, resulting in the quite different results when the different courts decide the similar cases, which affects the authority of the justice.Part Two introduces the concepts, characteristics of the sale of rural housing as well as the expressions of the sale of rural housing at different historical periods. This part briefly introduces the concepts, characteristics of the sale of rural housing, points out that the sale of rural housing discussed herein is limited to the sale of rural housing in the narrow sense, and focuses on the three stages of the development and change of the homestead within the scope of rural housing, respectively the homestead owned by the farmers, the establishment of the use right to the homestead and the development thereof.Part Three probes into the expressions of the sale system for rural housing in the legislation, makes analysis from the provisions in the constitution, law and government policies and points out that the current sale system of rural housing lacks registration system, is low in legal effect and is not suitable to the social development.Part Four analyzes the status quo of the rural housing in the judicial practice. Owing to the fuzzy provisions of the law, as for the transfer of rural housing to the individual other than the members of the collective economic organizations, valid theory, invalid theory and compromise theory stick to their own argument and hold sufficient reasons and the courts muse on the cases of this type.Part Five introduces the ways of the governments on the research on the free transfer of rural housing, mainly including exchanging housing with homestead and abandoning housing and homestead.Part Six proposes to improve the sale system for rural housing from legislation, practice and justice, which constitutes the focus of this paper.Part Seven comes to the conclusion. This part concludes the whole paper, especially points out that the courts cannot apply the law mechanically in the trial of the case, but consider the historical condition and the actual condition with a view to making the decision suitable to the legal effect and social effect.