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近年来,大量农村房屋买卖纠纷进入司法程序,法院在处理该类纠纷时面临很大的难题。一方面,农村房屋买卖存在现实需求;另一方面,我国接连颁布一系列政策,严格控制农村房屋买卖。社会现实和国家政策之间出现尖锐矛盾。与此同时,我国法律对农村房屋买卖又没有明确规定,导致法院在处理这类纠纷时分歧不断,已有的判决也不尽统一。表面上看,这类纠纷很简单,就是合同有效或无效的问题,但如果法官简单地、教条地按照法律法规作出判决,不仅起不到案结事了的息诉效果,还有可能引发更多的新矛盾。在现行的法律框架下,法院应如何妥善处理农村房屋买卖纠纷,实现社会效果与法律效果相统一,已经成为当前民事审判实践中亟待解决的疑难问题。本课题组以厦门市两级法院的审判实践为基础,同时积极搜集全国各地已经公开的此类案件的判决结果,对其加以汇集、整理、分析、研究,从而对农村房屋买卖合同纠纷的司法审判现状和难点加以总结,并提出相应的解决意见。
In recent years, a large number of disputes over the sale and purchase of rural housing have entered the judicial process, and the courts are facing great difficulties in handling such disputes. On the one hand, there is a real demand for rural housing sales; on the other hand, China has successively promulgated a series of policies to strictly control rural housing sales. Sharp contradictions between social reality and national policies. At the same time, there is no clear law governing the sale and purchase of rural houses in our country. As a result, the courts have been divided in handling such disputes and the existing judgments have not been unified. On the surface, such disputes are very simple, that is, the contract is valid or invalid, but if the judge simply and dogmatically makes the verdict in accordance with the laws and regulations, it will not only result in the settlement of the interest but also will result in more Many new contradictions. Under the current legal framework, how to properly handle the disputes over the sale and purchase of rural housing and realize the unification of social effects and legal effects has become a pressing issue to be solved urgently in the civil trial practice. Based on the trial practice of the two levels of courts in Xiamen City, our group actively collected the judgments of such cases that have been made public in various parts of the country and collected, sorted out, analyzed and studied the judgments on rural housing contract disputes Trial status and difficulties to be summed up and put forward corresponding solutions.