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随着社会经济的日渐发展,新农村建设的不断推进,农村劳动力大量向城市转移,农村的房屋流转日益增多,由此而引发的房屋买卖纠纷逐年增加。而且买卖主体的范围也不再局限于同一集体经济组织之内,跨村、乡镇的买卖,甚至城市居民购买农村房屋的行为也屡见不鲜。由于现有房屋买卖的法律法规比较杂乱,难以理解和把握。农村房屋买卖合同的法律适用问题涉及宅基地使用权流转的法律难题,是目前司法实践的热点、难点,相关物权理论的研究争论很大,《物权法》草案中曾对农村房屋转让作出过详细规定,但正式通过的法律文本中却因有争议删去了相关条款,导致目前农村房屋转让仍然缺少具有可操作性的法律依据。为了减少对涉及农村房屋买卖合同效力认定问题的争议,更好地维护和促进社会主义新农村建设,本文试从法律应用层面上提出解决农村房屋买卖法律适用问题的个人见解。
With the gradual development of the society and economy, the construction of new rural areas has been continuously promoted, the rural labor force has been transferred to the cities in large numbers, and the circulation of houses in rural areas has been increasing. As a result, the disputes over the sale of houses have been increasing year by year. Moreover, the scope of buying and selling entities is no longer confined to the same collective economic organization. It is not uncommon for cities and towns to buy or sell, and even urban residents buy rural houses. As the existing laws and regulations of housing sales more cluttered, difficult to understand and grasp. The legal problems of the contract of sale and purchase of rural houses involve the legal problems of the circulation of the right to use homesteads. It is a hot and difficult issue in judicial practice at present. The research on related real rights theories is very much in dispute. However, due to controversies, the relevant articles have been deleted from the formally passed legal texts. As a result, there is still a lack of operable legal basis for the transfer of rural housing. In order to reduce the controversy over the validity of the contract of sale and purchase of rural housing and to better safeguard and promote the construction of a new socialist countryside, this paper tries to put forward personal opinions on how to apply the law of rural housing sale and purchase from the legal application level.