The Rural Building Construction Contract Properties

Since China’s reform and opening up, the rapid growth of economy in our country,especially in rural areas in China’s economic development situation is gratifying. In per capitaincome increased, people’s life has improved, rise again JianFangRe rural areas. Current ruralconstruction lack of norms, laws and regulations of rural construction market is relativelychaos, the construction of rural individual craftsman qualification administration hole, etc.,makes rural residents housing construction cause all kinds of contradictions in the process ofincreasing, rural housing construction contract disputes also increased sharply. To this end, theauthor through the analysis of the rural construction contract dispute case, rural housingcontract involved an analysis of all kinds of legal theory and judicial practice to similar casesprovide help to practical work, to avoid too much controversy in the judicial process.Removing the abstract and the introduction of this article, the paper will be divided into threeparts.The first part, introduce the case and summarizes the case. Clear the paper selected casesbrought by rural construction contract dispute case, a brief description of the basic facts, listedthe claims of the parties and the court found that the contractual relationship between theparties. By studying the court’s decision as a result, the focus of controversy on the casesummary, lay a foundation for the following discussion.The second part, on the focus of controversy in the judicial practice. In the judicialpractice, for there are three kinds of rural housing contract that meaning: one is the contractfor construction project; But where contracts;3it is the labor contract.The third part, the focus of dispute an empirical analysis of legal theory. A, this part is tosolve the dispute focus first on the contract, the contract for construction project contracting,labor contract the concept, characteristics, of the contract and the contract for constructionproject contracting, labor contract compare come to the conclusion that the rural constructioncontracts are contracts; After the analysis to the case law applicable to problems, come to theconclusion that rural construction contract is the contract.The fourth part, the controversy focus on the theoretical analysis. First in this paper, thecurrent laws and regulations, rules and regulations about rural low-rise residential, analyze the current regulations that can refer to reference is about low-rise residential regulation issued bythe ministry of construction; After this analysis on how to define the rural low-rise residential,from the layer number of assumptions rural low-rise residential the analysis of the legal effectand social effect, it is concluded that the present stage of rural construction should not beregarded as the conclusion of contracts for construction projects.Finally, the consideration of the case is, from the case found in the analysis of the currenton the problems existing in the construction contract in the countryside. There are fourproblems, put forward the corresponding solutions and countermeasures, hope to provide helpto solve such cases in practice, in order to properly solve the rural building constructioncontract disputes, is the escort of the new rural construction in rural areas in China.