Research On Property Restitution Of The Invalid Rural Housing Sales Contract

Although China’s current law recognizes that houses built on rural residential bases are privately owned as independent objects of property rights,it also strictly restricts the transfer of the right to use rural residential bases.Under the principle of "housing and land as one",the sale and purchase of rural houses built on rural residential bases is also strictly restricted,which has led to a large number of cases of invalidation of rural house sale and purchase contracts in judicial practice.However,after different courts ruled that the rural house sale contract is invalid,they have different opinions on whether to return the property,the scope of property return,compensation and compensation standards,and so on,and the problem of different judgments in the same case is serious.This paper adopts theoretical analysis,case analysis and inductive analysis to study the issue of property restitution in the case of invalidated rural housing sales contracts.The paper starts from the theoretical contents such as the concept and characteristics of rural house sale contract,the basis of the invalidation of rural house sale contract,and the legal consequences of the invalidation of rural house sale contract,and selects a certain number of judicial cases for case study.The analysis focuses on the unreasonableness and illegality of not returning the property after the court ruling is invalid,and the disadvantages of not returning the property after the court ruling is invalid,which will cause the instability of property ownership and interest status.In particular,the paper analyzes the problems of different judgments in the same case for the return of property after the invalidation of rural housing sales contract,and analyzes the current situation of the lack of specific and clear legal provisions applicable to the return of property after the invalidation of contract and the dilemma of mechanical return,unclear scope of damage compensation,lack of standards for fault definition and other adjudication.In view of the problems that exist in judicial practice,such as the invalidation of rural housing sales and purchase contracts without property return and the invalidation of property return but with excessive differences,this paper puts forward the suggestion that the rural housing sales and purchase contracts should be invalidated and the property return should be awarded at the same time,and puts forward the detailed opinions on how to return the property after the invalidation,taking into account the discount compensation and damage compensation,and clarifying the damage compensation,and on the basis of the previous research.further proposes a method to quantify the allocation of fault liability.At the same time,this paper proposes the regular publication of guiding cases for the reference of judicial judges,so as to avoid different judgments in the same case and improve judicial credibility and judicial authority.