Analysis Of The Effect Of Urban Residents' Purchase Of Rural Housing Contracts And Legal Perfection

With the acceleration of the urbanization process,the housing price in China's cities keeps rising,and the behavior of urban residents to buy houses in the countryside becomes more and more frequent,resulting in more and more disputes.However,the legal regulations on the purchase of rural houses by urban residents in China are relatively vague.In contrast,the policy explicitly prohibits urban residents from purchasing houses in the countryside,and the theoretical circle has no consensus on the validity of the contract.Therefore,such disputes cannot be reached in the judicial trial.This paper introduces the concept of urban residents and rural houses and defines the research object.This paper sorts out the institutional changes of urban residents' purchase of rural houses,and analyzes the institutional changes to lay the foundation for solving contract disputes.Also expounds the present situation of our rural housing for urban residents to purchase contract dispute.As for the validity of the contract for urban residents to buy rural housing,the theoretical circle mainly has two different views,that the contract is valid and invalid.The validity of a contract conforms to the rules for determining the validity of a contract in the contract law,to the principle of distinguishing property right stipulated in the property law,and to the requirements for the property of usufructuary right to the use of homestead in the context of market economy.Approval for urban residents to purchase rural housing contract effectiveness has profound practical significance,can maintain the public the simple concept of justice,reflect the right social values,help to promote the integration of urban and rural construction in our country,also help city back-feeding rural economy.In view of the characteristics of both usufructuary property right and security property of homestead,the connotation of the rights to use of homestead is redefined and the concept of qualification right is introduced,which can open source and release the ban for urban residents to buy rural houses.Establishing a registration system in line with the characteristics of rural housing and land rights and improving the rural social security system can provide administrative guarantee for urban residents to buy rural houses.In the judicial trial,according to current situations of different connection sentenced to trial,it is suggested that the supreme people's court shoulds issue relevant judicial interpretations as soon as possible on the basis of balancing the interests of both parties and maintaining the unity of legal and social effects.