农村私有房屋交易法律困境及其解决思路

农村私有房屋买卖的法律困境突出表现是买卖合同效力认定问题和买卖合同登记问题。从农村现实出发考虑“三农”问题,应当尽快确立农村私有房产交易的制度安排;从宪法与人权角度来看,财产权是人类谋求生存与发展的基本权利,应当尽快建立并完善农村私有房产交易的立法安排;对宅基地上住房的出售采取放开政策,应当尽快设计出农村私有房产交易的法定办法及程序。

Juristical Dilemma on Rural Private Houses Traffic and Solution Approaches to It

The juristical puzzledom in rural private houses transaction comes in chief from the two puzzles of legal recognition and register of the business contract.It is urgent to setup institutional establishment dealing with rural private houses trade in point of rural reality;it is urgent to initiate and perfect legislation dealing with rural private houses trade since conveyance is a substantial right according to constitution and human rights;it is urgent to design legal methods and procedures in terms of opening policy about the sale of housing on distributive ground for house.