城镇居民购买农村私有房屋买卖合同效力探析-法律学专业论文.docxVIP

distinction for rural private property sale of housing effectiveness laid the theoretical foundation. Third，to protect the integrity of its rural peasant private home ownership. Fourth, the transfer will not result in farmers homeless. Finally , based on the analysis of the case, I started to think, made a number of improvements for solving the problem in this case : first, the analysis of the practice courts deal with urban residents dispute the effectiveness of the purchase contract for the sale of private housing in rural areas . The court finds the contract valid under the premise of housing ownership should also be analyzed in accordance with current policy trends and laws and regulations, to allow Residential Land. Second, improve the circulation of rural homestead legal system. Due to laws, regulations and policies of the messy and uncertain, leading to mixed results in practice trials. Third, improve the registration system of buying and selling homes in rural areas. Due to imperfect registration system, affecting rural housing transaction order and justice, should improve rural housing registration system, provide clear guidelines for the administration of justice, for the establishment of rural houses and orderly trading market environment. Fourth, independent and fair trial. Executive power, influence judicial administrative system, resulting in many wrongful convictions and unfair trials, judicial independence should be given jurisdiction for the court to just and fair trial of cases of urban residents to purchase private housing contract for the sale of rural effectiveness. Keywords: urban residents; private rural housing; transfer contract; validity of contract 目 录 引 言 1 一、案情介绍与争议焦点 3 （一）案情简介 3 （二）分歧意见 4 （三）争议的焦点 4 二、城镇居民购买农村私有房屋合同效力争论的分析 5 （一）城镇居民购买农村私有房屋的买卖合同有效 5 （二）城镇居民购买农村私有房屋买卖合同效力瑕疵 8 三、分析与结论 11 （一）本案中的城镇居民购买农村私有房屋买卖合同应认定为有效 11 （二）解决城镇居民购买农村私有房屋问题的建议 14 参考文献 21 引 言 继“画家村”1案件出现之后，城镇居民购买农村私有房屋的案件成为目前理论界 和实务界的热点、难点问题。尤其是很多农民进城务工，农村出现了大量闲置的