White Inspired From Wan-Zhong Wang Commented On And Rural Building Business Disputes

With the speeding up of urbanization process, the collective land expropriation to bring huge benefits to farmers, as a result, building business disputes in the rural areas has charged body out of the seller, our house more appeals more to confirm it with members of the collective economic organizations to sign the sale and purchase contract is null and void. The author selected from the perspective of judicial practice,the less attention in the theoretical circle established before the implementation of current "land administration law of the villagers and the collective economic organizations outside the building business contract dispute between, on the basis of the rural building business disputes involved theory and personality problems in-depth exploration, so as to the rural building business disputes in judicial practice to provide useful Suggestions.Based on the real case study of the "The rural building business dispute between Bai Qifa and Wang Wanzhong ", determine the focus of controversy on the case has the following three: focus one for Bai Qifa and Wang Wanzhong when the rural building business contract is the legal valid contract; Focus on Bai Qifa and Wang Wanzhong rural building business contract effectiveness can be corrected; Three is king wan loyal to focus when to obtain land use rights. Further analysis found that "the court in the process of the referee reasoning are influenced by both the referee thinking, ignoring the case of individual character, diameter to" contract law "article 52 deemed invalid,then take it for granted that the buyer after the contract signing in personnel for housing in the collective economic organizations membership, into the effective of the contract, the buyer in accordance with the housing ownership and land use rights, logic contradiction and the application of law on the basis of error problem. Around the disputed points can be obtained after analyzed the following conclusion: white inspired thousands of loyal to signed in 1997 with the king " the sale and purchase contract does not violate the laws and administrative regulations, and contract from the beginning,effectively without correction. Building vendee Wang Wanzhong home can apply for the original land use right. China's rural building business contract dispute to judge of chaos, reflected the judicial referee thinking through the one-sided, also reflects the imperfect of legislation in our country. Judicial judgment, should abandon the economic thinking of the original plan, to prevent a involves the villagers and the ruralcollective economic organizations outside is building business disputes, is considered in violation of mandatory provisions and invalid. Legislature in our country should perfect the current "land management law" as soon as possible, in order to better play a role of law to guide people's behavior standard, and conform to the township(town) in general land use planning, the implementation of the cultivated land protection,promote the development of agriculture, rural areas and farmers under the premise of giving play to the role of villagers' autonomy and allow land outside the collective economic organizations to the members of the flow.