随着农村经济的迅猛发展,农民建房积极性的高涨,农村房屋结构越来越复杂,楼层也越来越高,但就我国农村建筑市场来看,市场秩序很不规范,从事建筑活动的大部分都是无证、无照、无资金、无设备、无技术的农民建筑队。由于其缺乏应有的岗前从业培训,法律意识也往往较为薄弱,且缺乏有效的管理和监督,在合同的履行过程中常发生各种纠纷,诉至法院。当前各地法院在审判实践中对此类案件的案由确定、合同效力、归责原则、责任认定等方面存有较大分歧,处理尺度也不一。在此结合他人著作及相关法律规定,作以下几点个人理解和思考。 With the rapid development of rural economy, the enthusiasm of farmers to build houses rises, the structure of rural houses becomes more and more complex, and the floors are getting higher and higher. However, in terms of China’s rural construction market, the market order is not standardized and the construction activities Some are undocumented, unlicensed, non-funded, non-equipped, non-skilled peasant construction team. Because of its lack of pre-employment training, legal awareness is often weak and lack of effective management and supervision. During the performance of the contract, various disputes often occur and are sued to the court. At present, courts all over the country have quite different opinions on the case of such cases, the validity of contracts, the principle of imputation, and the determination of responsibilities, etc. in trial practice. In this combination of other people’s writings and related laws and regulations, for the following personal understanding and thinking.