Analysis On The Validity Of Sale Contract For Urban Residents' Purchase Of Rural Housing And Its Legal Improvement

In the principle of “housing land integration”,the sale of housing also requires the transfer of the land use rights attached to housing owing to the natural inseparability of housing from land.China's land use right is collectively owned by peasants,and the state offers different treatments to urban commercial housing and rural housing: urban commercial housing can be freely traded,and the housing sale contract is valid while the State Council stipulates that the rural housing is prohibited to sell to urban residents and thus the sale contract for urban residents' purchase of rural housing is recognized as invalid.With the development of urbanization,the existing value of rural housing to be developed doubles.Owing to the “profitability”,the peasants beach the contract and request the court to confirm that the previous sale contract signed with urban residents is invalid and to return housing while urban residents hold that the sale contract for rural housing is the true meaning of both parties and thus valid and are unwilling to return housing,resulting in civil disputes.In theory and practice,the validity of the contract for urban residents' purchase of rural housing has been controversial,so the author holds that it is necessary to study the validity of this kind of contract.This thesis takes the dispute on the sale contract for rural housing brought by a Zhang against a Xiao as an example,hoping to propose the countermeasures for this kind of problem by the analysis of the focus in controversy.This thesis is composed of three parts,about 23,000 words in total.Part One elaborates the concept,legal regulations and current dispute situation of urban residents' purchase of rural housing.This part first explains the etymological implications of “urban residents” and “rural housing”,and defines that this thesis researches rural housing and land use right to which it is attached,then elaborates the legal regulations on urban residents' purchase of rural housing,which is conducive to forming correct understandings and offering correct guide to theory and practice,and finally concludes that in the judicial practice the reasons for the increase of urban residents' purchase of rural housing is the potential profit of housing and population flow and forbidding housing sale has resulted in the failure to safeguard trade safety and expand urban and rural gap and other adverse consequences.Part Two analyzes and elaborates the validity of the sale contract for urban residents' purchase of rural housing.This part elaborates two mainstream opinions in theory and practice,that is,contract valid and contract invalid.Through comparison and analysis of these two opinions,the author agrees that the contract is valid,and proposes that the sale contract for urban residents' purchase of rural housing does not violate the mandatory provisions in law and administrative regulations,the sale conforms to the development trend of law and regulations,which will neither break the social safeguard function of rural land nor result in peasants homeless.Part Three proposes legal suggestions for the solution to this kind of problem.On the basis of contract validness,the author takes into account fairness and efficiency,development of rural productivity and safeguard of legal value of rural property optimization,and proposes legal suggestions for improving the urban residents' purchase of rural housing.In reference to the successful experience in pilot areas,it is suggested to transfer the land use right to which the rural housing is attached to collective construction land use right and then sell rural housing,and it is suggested that the state makes clear provisions on sale procedures,sale subject,sale contents and legal supervision in urban residents' purchase of rural housing and incorporates them into the current housing sale legislation,providing legal basis for establishing orderly rural housing sale market.In order to protect the peasants living conditions,it is suggested that reform household registration,improve the social insurance system,housing and employment security system.