Research On Legal Issues Of Rural House Construction Contracts In My Country

The difference from the purchase of commercial housing by urban residents is that,according to the provisions of my country’s "Land Administration Law",rural residents can build houses on homesteads.With the continuous increase in the income level of rural residents and the continuous subsidy policies of various new rural housing renovations,the number of new rural housing construction has increased year by year.According to daily life experience and habits,most rural residents choose individual construction personnel to build houses.Due to the lack of construction personnel Systematic engineering knowledge training has made the problem of rural house construction contract disputes prominent.At the same time,due to the different opinions on the characterization of the contract in judicial practice circles,the judgment results of courts across my country in handling disputes over rural housing construction contracts are quite different,and the supply of legal systems has lagged behind the needs of social and economic development.Therefore,it is necessary to conduct a systematic and in-depth study on the rural house construction contract.Based on the current judicial practice of rural housing construction contract disputes in my country,this paper summarizes the basic theory of rural housing construction contracts on the basis of sorting out the sources of construction contracts.After sorting out and summarizing,this paper selects 18 selected samples from 202 cases in 2021 for in-depth research,analyzes in detail the problems existing in the judicial practice of rural housing construction contracts in my country,and puts forward relevant theoretical suggestions.Specifically,the article is divided into the following four parts:Part 1: Overview of rural housing construction contracts.Clarify the specific definition of rural house construction contract,and sort out the classification of rural house construction contract based on work experience.Summarize the characteristics of rural housing construction contracts,and comprehensively analyze the reasons for the frequent occurrence of such disputes.The second part: the legislation and judicial practice of rural house construction contract.The selected 18 typical cases were analyzed overall and typed.Based on the data of "China Judgment Documents Network",the number and trend of cases involved in the research topic were obtained by using big data analysis.Through a detailed analysis of the establishment and legal validity of the rural housing construction contract,the performance of the contract,the liability for breach of the contract and the cases presented by the policy housing,it is found that judicial adjudicators have different concerns in these aspects.The third part: the problems existing in the judicial adjudication of the rural house construction contract.On the basis of the previous analysis,by sorting out the judgments of the sample cases,it is believed that there are civil causes of action in the judicial judgment of the current rural house construction contract,which have not been completely unified on the "same case",and the lack of legislation makes the rules of house construction activities unclear.There are four problems in the inconsistency in the determination of the validity of the rural housing construction contract and the defects in the acceptance method of the policy housing contract.In terms of the validity of the contract,the impact of the qualification of the constructor on the contract cannot be clearly defined;in terms of the characterization of the contract,the contract is confused with the rural house construction contract;in terms of the application of law,the applicable legal basis is not completely consistent with the circumstances of the case;In the analysis of policy houses,it is found that the acceptance process can continue to optimize these problems after the house is completed.The fourth part: puts forward suggestions and countermeasures for improving the judicial judgment of rural house construction contract.The first is to correctly identify the validity and nature of rural housing construction contracts;the second is to standardize the procedures for housing acceptance;the third is to strictly control the quality and safety of housing projects;the fourth is to establish a construction project credit file system.Through the above measures,from the perspective of judicial practice,the rural housing construction contracts are standardized,thereby forming an effective judgment system.Part Ⅴ: Conclusion.Rural housing construction contract is a key part of rural residents’ housing construction.It is very necessary to regulate in terms of legislation.Future research will continue to focus on the legislative research on rural housing construction.