Discussion On The Contract Of Peasants' Self-Construction Building

Peasants' self-construction building, as a distinctive social phenomenon, was the product of urban-rural dualism. Dispute from self-construction building contract was also unique in civil jurisdiction. In the last decades during the social construction,due to the widen gap between urban and rural, rural building construction, which lacks goal programming or supporting system, ran its course all the way,compared to urban construction with a large number of resources. There should be legitimate basis and inconformity of scale during the trail, for the structure of the building was simple, the technical requirement was not high, it was completed by local construction team, and legislature did not make a point of administration.According to paragraph 83, article 3 of the Construction Law of the People's Republic of China, "peasants'self-construction low-rise buildings are not involved". However, the relevant law doesn't provide a clear definition of peasants'self-construction low-rise building, and these disputes often involve multiple subjects and legal nexus. So, The court, when dealing with the trial of peasants'self-construction building contract disputes, lacks unified law enforcement standards to determine the nature of the contract, choice of law, which seriously affects the quality and credibility of the judiciary in the court civil trial work. In addition, the laws and regulations to deal with such disputes has not been modified these years. The law which is seriously lagging behind, when dealing with peasants' self-construction contract dispute, has been unabled to meet the need of judicial practice.In this paper, we collected cases of peasants' self-construction building contract cases as the starting point, through the method of comparative analysis of case discovery and summary trial practice, and in combination with the judicial effect analysis, careful combing of ideas of trial, hoping to improve legislation and the referee uniform scale.