The Validity Of Contract Concerning Rural Private Housing Bought By Urban Residents

Issues concerning agriculture, countryside and farmers is the main problem of rural land,and the homestead circulation question is an important problem of the rural land.The party’seighteen plenary session examined and adopted the " The Central Committee of theCommunist Party concerned Some important issues concerning the reform decisions", allowsthe management of rural collective construction land transfer, leasing, investment." homesteadbelonging to the collective management of construction land, also apply this policy. In China,because of the two element structure, the rural housing and the homestead belong to differentpeople. But the two linked, rural housing sales will inevitably involve the homestead sales.The sale of rural housing has become a hot issue. With house prices to rise，more and moreurban residents buying rural housing. However, faced with rising land values and othereconomic benefits, the seller requested that the contract of private housing sale invalid in theeconomic interest of stimulation. In practice, the court to accept more and more cases thaturban residents buying rural private housing disputes. The court is often controversial on howto use the law.This paper analysis the validity of contract concerning private rural housing bought byurban residents from the following several parts:The first part introduces the case and the focus of controversy. The part introduced thedispute of rural private housing sale contract.Then the author analyses the three opinions ofthe case and preliminary showed that support the view. Finally, the author put forward thefocus of controversy in this case.The second part introduces the validity of contract concerning rural private housingbought by urban residents. There exist different views about rural private housing sales. Thispaper introduced these three kinds of views. In order to obtain a deeper understanding of thisproblem, the author wrote a brief analysis and summary writing.The third part is the analysis and conclusions. The first part of the analysis based ondifferent perspectives which made the second part of the author’s point of view: the urbanrural residents to purchase private housing contract should be valid. And finds that the viewsput forward specific reasons. First, to promote the safe transfer of the homestead is thedirection of the party’s policies, laws and regulations enacted. Second, the principle of distinction for rural private property sale of housing effectiveness laid the theoreticalfoundation. Third，to protect the integrity of its rural peasant private home ownership. Fourth,the transfer will not result in farmers homeless. Finally, based on the analysis of the case, Istarted to think, made a number of improvements for solving the problem in this case: first,the analysis of the practice courts deal with urban residents dispute the effectiveness of thepurchase contract for the sale of private housing in rural areas. The court finds the contractvalid under the premise of housing ownership should also be analyzed in accordance withcurrent policy trends and laws and regulations, to allow Residential Land. Second, improvethe circulation of rural homestead legal system. Due to laws, regulations and policies of themessy and uncertain, leading to mixed results in practice trials. Third, improve the registrationsystem of buying and selling homes in rural areas. Due to imperfect registration system,affecting rural housing transaction order and justice, should improve rural housing registrationsystem, provide clear guidelines for the administration of justice, for the establishment ofrural houses and orderly trading market environment. Fourth, independent and fair trial.Executive power, influence judicial administrative system, resulting in many wrongfulconvictions and unfair trials, judicial independence should be given jurisdiction for the courtto just and fair trial of cases of urban residents to purchase private housing contract for thesale of rural effectiveness.