画家村案例的法律分析

发布时间：2018-08-28 19:21

【摘要】：近年来,在我国经济高速发展和城镇化进程加快的情况下,城市的房价不断地上涨,与此情况相随的是我国小产权房如火如荼、既红火又不免几分暖昧的发展。小产权房在不断扩大其市场份额,不断加深其社会影响力的同时,也使大家对于小产权房问题产生了深深的思考。国家的相关法律与政策在解决小产权房问题上的实践中显示出,妥善解决我国的小产权房问题,势必需要长远而周密的考量,否则难以恰当地平衡与小产权房相关的各方主体的各项权利与利益,也就难以真正实现法律与政策预期达到的训控目标。本案例分析共分为四章,第一章主要是引出小产权房的典型案例,指出了案件的争论焦点有两个：一是小产权房买卖合同的效力问题；二是在认定合同效力之后的利益分配问题。第二章主要对于法院的判决意见作出合理性地分析。第三章作为本文的重中之重,紧紧围绕本案例的的争论焦点进行分析,阐明了不同情况下的小产权房合同效力的差异,以及由此导致的利益分配差别。第四章主要讨论了由本案例引发的一些思考,其中包括小产权房问题中的利益博弈分析,小产权房问题背后的土地政策问题,最后建议在法律的规制下让小产权房存量合法化。本文充分结合我国的《物权法》、《土地管理法》、《农村宅基地管理办法》和《合同法》等法律的相关规定来作有效的分析,目的是为了更加合理地处理小产权房问题,更好地保护小产权房买卖合同中双方的合法权益,更好地平衡小产权房问题中的各方利益。
[Abstract]:In recent years, with the rapid development of our country's economy and the acceleration of urbanization, the housing prices in cities have been rising continuously. With this situation, the small property houses in our country are in full swing, which is not only prosperous but also a little bit of obscurity. While expanding its market share and deepening its social influence, the small property house has also made us think deeply about the problem of the small property house. The relevant laws and policies of the state have shown in the practice of solving the problem of small property houses that proper solution to the problem of small property houses in our country is bound to require long-term and careful consideration. Otherwise, it is difficult to properly balance the rights and interests of the parties concerned with the small property right, and it is difficult to achieve the training and control goal expected by the law and policy. This case analysis is divided into four chapters. The first chapter mainly leads to the typical case of small property right house, pointing out that there are two focal points in the case: first, the effectiveness of the contract of small property right house purchase and sale; The second is the distribution of benefits after the validity of the contract. The second chapter mainly makes the rational analysis to the judgment opinion of the court. The third chapter, as the most important part of this paper, analyzes the focus of this case and explains the differences in the effectiveness of the small property right contract and the difference in the distribution of benefits. The fourth chapter mainly discusses some thoughts caused by this case, including the analysis of interest game in the problem of small property right, the land policy problem behind the problem of small property right, and the suggestion to legalize the stock of small property house under the regulation of law. This paper makes an effective analysis on the relevant provisions of the laws of our country, such as Real right Law, Land Management Law, Rural Homestead Management method and contract Law, in order to deal with the problem of small property right more reasonably. To better protect the legal rights and interests of both parties in the contract of buying and selling small property houses, and to better balance the interests of all parties in the issue of small property houses.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.3;D923

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