随着市场经济的进一步发展,在城乡统筹、城市化国家发展的背景之下,越来越多的农村房屋在私下交易,农村房屋产权呈加快的趋势进入市场向社会流转。我国现行法对农村房屋买卖限制的规定已与民意不符,在经济发达地区特别是城乡结合部地带,农房买卖(主要指城镇居民购买农村房屋)暗潮涌动,方兴未艾。由于这种流转并不受现行法律的认可,因此只能采取私下交易的方式,无疑增加了交易成本和交易风险。最近几年来,各地法院审理农村房屋纠纷的案件明显增多,由于此类案件类型复杂、矛盾突出,法律法规也没有系统明确的规定,导致各地法院在适用法律时陷入困境,出现同案异判的结果。不仅 With the further development of the market economy, more and more rural houses are traded privately under the background of urban-rural co-ordination and urbanization. The trend of rural housing property rights is accelerating into the market. The current law of our country restricts the sale and purchase restriction of rural housing and public opinion. In the economically developed areas, especially in the urban-rural junction, the dark tide of farmhouse sale and purchase (mainly referring to urban residents buying rural houses) surges in the ascendant. Because this kind of circulation is not recognized by the current law, it can only take private transactions, undoubtedly increases transaction costs and transaction risks. In recent years, courts around the country have witnessed a sharp rise in disputes over housing disputes in rural areas. Due to the complicated nature of such cases and the prominent contradictions in laws and regulations, there are also no clear and definite rules governing laws and regulations that have led courts across the country to run into difficulties in the application of laws, result. not only