Research On The Effectiveness Of Rural Housing Sales Contract

With the rapid development of the market economy and urbanization,more and more farmers began to flood into the city,resulting in a large number of homesteads being idle,and the resulting disputes are also increasing.Among them,the demand for homestead circulation is relatively strong.In 2018,the "Central No.1" document proposed to improve the policy of farmers' idle homesteads and idle farmhouses,and to explore the ownership of the homesteads,the right to use,and the right to use the "three powers." From the perspective of "separation of powers",scientifically identifying the effectiveness of rural housing sales contracts has become an important part of the reform of the housing estate system.The sale of rural houses is very different from that of cities.The root cause lies in the fact that rural land ownership belongs to the collective.Farmers only enjoy the right to use land,that is,the right to use the house site,while urban and rural personnel enjoy full ownership of the house.In the theoretical world,experts and scholars have made effective,ineffective and compromised views on the effectiveness of rural housing sales contracts.In the current legislation and judicial practice in China,there are different regulations or judgments on whether the right to use homesteads and the ownership of rural houses can be freely traded,so that conflicts in many aspects are difficult to adjust.The article takes the “three-power split” of the homestead as the perspective,and analyzes the effectiveness of the rural housing sales contract from five parts.The first part is about the general problem of buying and selling rural houses.This part of the author first briefly explains the meaning and characteristics of the current rural housing sales contract;introduces the historical evolution of rural housing sales in China.The second part,the general problem of the "three powers separation" of the homestead,the homestead The relationship between "three powers separation" and rural housing sales is mainly elaborated,and the scope of farmers' right to use and use rights in rural housing sales is separately proposed.The third part is the theoretical controversy and trial trial status of rural housing sales.This paper summarizes the viewpoints on the effectiveness of rural housing sales contracts,summarizes the vague conflicts stipulated by law,and then summarizes the institutional obstacles that cause disputes.The summary case reflects the basic viewpoints of current judicial practice on rural housing sales contracts,and the author also proposed my own opinion.The fourth part,the proposal of the validity of the rural housing sales contract under the vision of “three powers separation”.By analyzing the transferability of the right to use the house site and the theory of the integration of the premises,the author proposes the effectiveness of the sale of rural houses.Advice on the exclusion of institutional barriers.If blindly restricting farmers Trading houses,building on those legal homestead will be unable to play its greater value of the property,which would violate the interests of farmers,contrary to the basic spirit of freedom of contract.