Research On How To Identify The Validity Of The Contract That Farmers Purchase Houses From Other Collective Organizations

The court has be confused about the problem of identifying the validity of contract that farmers purchase houses from members of other collective economic organizations.Most of the courts consider such kind of contract invalid during the judicial practice, which is not in conformity with the present policy and becomes far away from the future legal objectives.The court should think such kind of contract valid and "revitalize" farmers assets and upload the spirit of freedom and equality since permitting farmer to transfer their housing property and trying to destroy the city and countruside dual structure were proposed at the Third Plenary of the 18th cpc Central Committee.The writer has tried to use some cases to sum up commonalities of the problem and find out not only some disadvantages of the invalid judgement on housing sales contracts but also the reasonalbility of determing the contract as valid.The first part involves analyzing the present situation of identifying the validity of the contract and causes.In the second part, how and why such kind of contract is valid or not is analyzed. In the third part, disadvantages of the invalid judgement on housing sales contracts are mainly caused by lacking its legitimacy, not having a sound legal foundation. Besides, it becomes the focus between the theory and practice fields. In fouth part, whether identifying the validity of the contract is reasonable or not is judged by analyzing policy basis and the interpretation of the leagal basis of the valid contract.