On The Validity Of The Contracts For Sale Of Rural Illegal Buildings

With the development of market economy in our country, illegal structures due to the characteristics of resource scarcity in rural areas are huge profits space, makes the reality of rural illegal building more and more. Because of China’s special national condition, policy and safeguard the normal order of production and living in rural areas, the our country present legal illegal construction in rural areas has been a strict attitude, in the process of law practice, often to different situation of illegal structures make to make the same legal value judgment. But whether to buy or sell all illegal building is invalid, according to different situations, depending on the effectiveness of the legal norms, we should make a distinction between the, accurately apply the law to obtain good legal effect, protect the legitimate rights and interests of citizens.Theory of rural construction in our country the validity of the illegal building business contract has been less research, in theory and practice on the issue. As Taiwan, p.16 after professor for illegal building research, illegal structures can be divided into substantive illegal buildings and procedural illegal buildings, especially in practice caused widespread discussion. For rural material buying and selling of illegal buildings, due to the direct violation effect the validity of the contract law regulations, is generally regarded as invalid; But for rural administrative illegal structures because of the lack of relevant law and practice, how to accurately understand such cases become the hot and difficult problems in judicial practice, in the process of the referee on the class building business contract is effective, or invalid, or with pending validity, the judge between has been debated. Along with our country carried out the reform of rural, rural construction supervision system, perfect the progress of rural collective land circulation way, marketization of of all kinds of market resources allocation and to strengthen the legal protection and use of the market economy to promote the efficient allocation of rural resources become a social consensus.According to the professor, p.16 illegal structures can be divided into substantive illegal buildings and procedural illegal buildings, try some of the civil law theory to the countryside substantial illegal buildings and the effectiveness of the procedural illegal building business contract problems were analyzed, and the trial work necessary for the future exploration.