Case Analysis Of Hu Jia V. Xu And Hu Bing's Farm House Sale Contract

In the lawsuit filed by Hu Jia,Hu Yi,and Wang requesting the court to confirm the invalidity of the rural house sale contract between Xu and Hu Bin,the buyers and sellers are members of a non-identical collective economic organization.The courts of first instance and second instance all considered that the sale of farm houses within different collective economic organizations was within the scope of the laws and policies.After the relocation,the rural swap procedures were renewed and did not violate the mandatory provisions of laws and administrative regulations.The retrial court held that the effectiveness of the sale of rural houses must take into account the particularity of the transfer of the right to use the house site,and the effectiveness of the transfer of the right to use the house site should determine the effectiveness of the sale of rural houses.The ownership of the homestead belongs to the collective ownership of the peasants.The right to use the homestead is welfare,and the right to use the homestead may not be mortgaged.The specific homestead is limited to the members of the collective economic organization and enjoys the right of use.People outside of the collective economic organization cannot apply for the right to use the homestead.Get homestead use rights.Therefore,the housing sale contract in this case should be found invalid.The court has the following disputes on the validity of the contract for the sale of rural houses: First,whether it violates the requirements of one household and one house;Second,the determination of the effectiveness of the contract for the sale and purchase of rural houses in different groups,between urban and rural areas;and third,whether it harms the collective interests;Fourth,the legal effect of violating the policy provisions.The above four disputes should be understood as follows under the current legal system.Article 62 of the Land Administration Law on the principle of “one household,one house”should be understood as the “one family and one house” at the time of application;the legal right in the contract for the sale of agricultural houses The state is formed through an illegal circulation process and should be considered invalid.Under the current system of indefinite use of homesteads,the transfer of farmhouses to the outside of the collective economic organization makes the collective economic organization's ownership of the homestead in real life should be considered invalid.The law has a higher legal effect than the policy,and the law should prevail in theevent of a conflict.Therefore,under the current legal system,the sale of rural housing contracts is only effective within the collective economic organization.The dispute over the effectiveness of the contract for the sale of rural houses reflects the contradiction between the current legislation and the needs of rural development in China,and there are concerns about the impact of rural housing circulation on the urban economy and land finance.In order to realize the effective transfer and utilization of rural houses,starting from the balance of interests,the “three rights division” should be implemented on the house site,the use period should be set for the house site,and the use fee should be charged to the members of the non-collective economic organizations.It is limited to within and between collective economic organizations to balance the balance of interests between rural development needs and urban economic stability.