The Research On Efficiency Of Contracts Of City Residents Purchasing Rural Houses

The contract dispute of urban residents buying rural houses is a new type of property sale and purchase contracts appearing in recent years. Due to the special attribute of homestead in our country, the assignment of houses on it becomes difficult. In this land-right and property-right dispute, the ownership is hard to be confirmed, which makes the first-tier judges have no idea. On one side, it is a result of the legislative defects of The Property Law of the People's Republic of China and The Land Administration Law of the People's Republic of China. On the other side, it causes a big dispute that whether the state normative documents can be the basis of judicial judgments. Thus the theory of contract validity and the opposing theory appear.The writer considers that there is no express legal provision of the theory of contract invalidity, so that the judicial judgments shall not be based on the policy documents and the attitudes of local governments. Also, the theory of contract invalidity breaches the requirements of fairness and justice and the“emperor term” of good faith principle of civil law. It is not beneficial for the citizens to build correct values, and not beneficial for the safety and stability of transaction. If the initial purpose of the homestead system is to guarantee the living environment of peasants, the provision that only allowing the homestead use right to be transferred among rural collectives does not conform the requirement of social development. It can be further said that this system has limited the development of contemporary countryside and does notconform the purpose of welfare policy. It makes little effect on guaranteeing peasants. However, the theory of contract validity conforms to the contemporary national conditions of our country. It plays a significant role in promoting the development of rural economy, accelerating the urban-rural integration process, enriching the income sources of peasants, realizing the rule of law and the requirements of fairness and justice.The writer comprehensively researches the various features of the contract of urban residents buying rural houses, and analyses case by case from aspects like legislative level, realistic demand and so on, to propose the advice on allowing the legitimate transaction of the homestead use right and rural houses, as well as establishing corresponding systems. The writer wishes that this research and advice can be conducive for the justice of judicial judgments and the perfection of legislation of our country.