Rural Building Business Dispute Case Analysis Report

Along with our country rural population to the town of one-way flow, in rural areas nowappear a large number of "hollow village",Directly lead to the huge waste of rural landresources.However, our current legal system of land based on the identity of the rural land useright attribute and the rural stability, welfare and other characteristics,Limit the move freelyand rural land use right to enter the market, among them, particularly strict restrictions onrural housing land use right.But in the face of town high house prices Many urban residentsbuying rural housing and the residential land use right in rural areas which have a largenumber of idle resources.At the same time,in the process of rapid urbanization process and thenational construction of large project, the demolition and covering an area can not be avoided,but it also make the rural residential land and housing a large number of value-added.In theface of the relocation compensation that will drop from the clouds,some of the similarcontracts signed before will usually be appealed to the court,and the effectiveness of thecontract and the reason of real right change became the focus of controversy.Therefore, as thesubject matter of the contract of rural housing and land use rights, the right of the acquisition,transfer of restrictions and the change of real right after the contract signing and other issuesmust be detailed discussion to clarify.Therefore,in this article,the author will will analyze theabove problems by the rural housing sale disputes Wang Yongjiang v. Zhang Huifang case.Atthe same time to the present legal system in China, the regulation on rural housing ownershipand land use rights transfer are proposed.This paper is structured as follows:First of all,the introduction part of the thesis are faced with the social and institutionalenvironment, research purpose and meaning to carry on the brief explanation;The first part of the paper,the author clearing the cause of case which selected in thispaper is the rural housing sale disputes;The second part of the paper,the author giving a brief description on the facts of thiscase,and listing the contract relationship between the parties and the specific content of thecontract.The third part of the paper,through the analysis of the case, the author summing up thefocus of controversy in this case and the various differences of opinion,at the same time,the author also summing up the support of various views of justification, which paves the way forthe following discussion.The fourth part of the paper,the author starting from the requirements of the coming intoeffect of this contract, and discussing the validity of the contract combined with the case.The fifth part of the paper,the author through the analysis of the condition of the realright change and combining with the current laws and regulations of the housing ownershipand land use rights to the case of the real right change were discussed and the correspondingconclusions.At the end of the article,namely the sixth part,the author put forward its own proposalsaccording to China’s current legal system on the use right of rural housing and the residentialland transfer restrictions.In order to provide reference for resolving rural and housing land userights disputes, and better management.