Determine The Effect Of The Rural Homestead Housing Sale Contract

Land use right refers to the members of the rural collective economic organizations shallenjoy the construction of residential and ancillary facilities in the collective land rights. This andenjoy according to law the right to identity is not a separate transfer, but in view of the privatenature of the homestead house, limited circulation state allows the rural housing and theresidential land use rights, namely the rural housing and the residential land use rights in collectiveeconomy organization internal circulation. For the transfer of the use right of rural housing and theresidential than the same members of the collective economic organizations to determine thevalidity of the problem, the current laws and regulations of our country did not make clear unifiedregulation, which leads to the judicial practice of "some sentenced" phenomenon. To clarify thecognizance of effectiveness of contract for the sale of rural housing, this paper from the caseanalysis that gives some comments on China’s rural housing sale contract.The paper is divided into two parts: introduction, text, the text part includes four parts: Thefirst part: introduce the basic case. Through the case introduction, preliminary locking the focus ofcontroversy in the case, leads to the countryside homestead housing sales contracts for thelimitation of members of the collective economic organization identity caused the validity ofcontract dispute. The second part: clarifying the case main argument. In this paper based on thecase, summed up the case of the dispute, namely, Wang Bing sold the property behavior iseffective, so buy a day the king homestead house is in violation of laws and regulations,mandatory provisions. The third part: the analysis of the controversial issues of the case.Treatment of similar cases the people’s courts at all levels of related basic theory and judicialpractice in China based on the sale of housing land, according to the different views and reasonsof the focus of the case and evidence, the case of disputes and differences of opinion respectively.The fourth part: dispute personal insights. Based on the above views and assessment, summed upthe kind of problem we should maintain social stability and safeguard the rights and interests ofboth parties point of view for analysis and processing. The fifth part: the legal issues relatedsuggestions. According to the above discussion, from the legal theory and practice in terms ofchanges, amendments put forward the related laws and regulations, summed up the differentcollective economic organizations of rural homestead housing sale contract shall be deemed valid.