Analysis On The Cases Of Rural Housing Sale Contract Disputes

With the development of the economy and the process of urbanization,housing prices have risen rapidly,urban residents have more and more houses to buy in rural areas,and the resulting disputes have also shown a rapid upward trend,coupled with China's rural land legal system and collective economy.The lag of the organizational system,the legal application of this type of case has plagued the people's courts at all levels in China,and has also led to more social contradictions.In the trial of the disputes between urban residents purchasing rural houses for sale and purchase,the people's courts often simply determine that the contract is invalid.According to the invalidity of the contract,both parties are responsible for returning the house and the house,and no distinction is made between the specific circumstances.In some cases,the people's courts only rely on the village committee's proof of membership of the collective economic organization to determine whether the contract is valid,and not subject to judicial review of the membership of the collective economic organization,often leading to wrong judgments."Zhao Guiping v.Cui Shuqin's dispute over the sale of rural houses" is a legal dispute arising from the imperfect laws of the rural land legal system and the legal provisions of the collective economic organization.The main controversy in this case is the identification of Zhao Guiping's membership of the collective economic organization and the effectiveness of the housing sales contract.When determining the membership of a collective economic organization,the household registration shall be the main criterion,and reference shall be made to the standards of residence time,social security,and members' rights and obligations of the collective economic organization.When determining the effectiveness of a contract for sale,it shall be based on the time and amount of the contract signed,the subjective goodwill of both parties,the identity at the time of signing the contract,and the legal provisions at the time.