Legal Analysis And Legislative Outlook Of The Phenomenon Of Rural Residential Transactions

The accelerated urbanization process has pushed the rural population to the cities,and some farmers who have settled in the cities wish to transfer their rural residences to increase their income.However,due to the special legal nature of rural housing and residential bases,rural residential transactions are currently strictly restricted in legislation and judicial practice,and some courts have found them invalid.At the same time,the huge economic compensation brought by demolition and relocation has led to an increasing number of disputes over rural residential transactions,which concern the vital interests of the parties to the transactions.Since 2013,the state has begun to encourage collective economic organizations and their members to make full use of idle land and housing in its policies,seeking to achieve a balance between the resource value of idle residential bases and idle dwellings and the function of subsistence security for farmers.In this thesis,we will dig into the theoretical basis and legal basis behind the phenomenon of farmers’ residential transactions,select 100 cases each from pilot areas and non-pilot areas for analysis,compile different situations in judicial practice,and explore corresponding countermeasures for solutions,with a view to possible outlook on future legislation.This thesis takes the phenomenon of rural residential transaction as the research object,and the research mainly consists of three parts.The first part is a discussion of the underlying theory and policy evolution of the phenomenon of rural residential transactions,which lays the theoretical foundation for the development of the thesis.The second part is the core of the article,which summarizes the problems existing in the process of rural residential transactions by sorting out the legislative provisions on residential bases and rural residential transactions,the legal and social analysis of the phenomenon of rural residential transactions through sorting out the legislative provisions on residential bases and rural residential transactions,the legal relationships involved and the application of laws,compiling the volume of rural residential transactions,the data of judicial decisions on rural residential transactions and the typical cases of rural residential transactions disputes.In the third part,based on the problems summarized above and the development direction of the reform of the "three rights to separate" the residential bases,the third part of the thesis provides an outlook on the solution of the rural residential transactions in terms of legislation.The research results of the thesis consist of two parts.The first part is to summarize the problems of rural residential transactions by analyzing the law and practical cases,which are the lack of unified trial basis in legislation,the invalidation of rural residential transactions in justice,and the unclear status of rural residential transferee.The second part is to combine the legal connotation and policy implication of the reform of the "three rights of separation" of residential bases,and to make an outlook on the solution of rural residential transactions in terms of legislation,which are to establish the basic principles of rural residential transactions;to clarify the subjects and conditions of rural residential transactions;to apply the "three rights of separation" of residential bases The system is complemented by the "three rights" system.