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经营性集体房屋租赁系农村建设中某些乡(镇)、村集体以及下属集体经济组织盘活农村集体资产、对外招商引资、发掘新增长点、扩大经济收益的有效手段之一,有些乡村地区甚至以此形成了较有特色和影响力的租赁经济产业。该类房屋租赁的发展为农村经济社会发展以及新农村建设提供了不少助力,但也存在着一些“先上车,后买票”的不规范现象,并引发了一定数量的法律纠纷涌入法院的大门。在审判实践中,权属确定、报建手续、合同效力、合同解除等日益成为困扰司法实践的难点问题,亟需审视应对。由于该类租赁具有较深的历史背景,牵动农村经济社会发展,涉及的利益范围较广、冲突较大,审判机关应本着坚持国家基本土地制度原则,以实事求是,兼顾历史的理念,依法合理裁判,妥善化解。
The operation of collective-owned housing leasing is one of the effective means by which some townships (towns) and village collectives and their collective economic organizations in rural construction work to activate rural collective assets, attract investment abroad, discover new growth points and expand economic returns. Some rural areas and even In order to form a more distinctive and influential leasing economy. The development of this type of housing leasing has provided a lot of help for rural economic and social development and new rural construction, but there are also some non-standard phenomena of “getting on the car first, buying tickets later” and triggering a certain number of legal disputes Pour into the court’s door. In the practice of trial, the determination of tenure, the formalities of filing construction, the effectiveness of the contract and the dissolution of the contract have become increasingly difficult problems that plague judicial practice. Therefore, it is urgent to examine and deal with them. As such leasing has a deeper historical background and affects rural economic and social development, it involves a wide range of interests and conflicts, and the judicial organs should, in accordance with the principle of upholding the basic state land system, take the principle of seeking truth from facts and taking into account the history, Referee, properly resolved.