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Legal Thinking Of The Problems About The Housing Of Small Property Right

Posted on:2011-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y L FanFull Text:PDF
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The housing of small property right is a kind of real estate which the buyers can't enjoy the full right of the housing property while the use value shares the same as normal commercial houses. It happens in the condition that the supply and demand of real estates can not meet and the price of the normal commercial houses is in a high level. The housing of small property right hereby specially refers to the houses built on the peasant collective-owned land,which has the same function as the normal commercial houses while without payment of the land use fee for the state-owned construction (that is Land grant premium) and unable to obtain the certificate of the national rights issued by authorized departments. The problems about the housing of small property right are caused by the urban-rural dual structure and the unreasonable restrictions on rural land rights based on the current land law. And it is also closely related to the imperfect of law, lax or negligent supervision of GOV and neglecting of the interests of farmers. Although, the housing of small property right exceeds the legal limitation and becomes"illegal structures", the embarrassment that it can not be stopped still reveal that the disadvantages of Chinese current system of rural collective land. The "Constitution" gives the equal land ownership to the rural collective land and state land, but it has been a long time that disposal of land assets in rural areas can not be entirely decided by the local farmers collective. Owners cannot enjoy the full right of ownership, and free transfer of rural land is forbidden, which brings out the inequality that the rural land have a different right and different price with the state land.Taking the housing of small property right as the breakthrough point, this article will systematically analyzes its concept, characteristics, classification, causes and development status, and furthermore to think over the problems of Chinese current rural land system and raise the reform proposals on the legal perspective. The existing system of rural collective land property rights is not arranged under the basic laws and characteristics of property rights. There are outstanding problems such as lack of property subject, fuzzy property rights, inconspicuous incentive function, external effect etc. The result is that rural land lost the real economic function of property rights and it directly leads to the trouble which is known as"farmers are really hard, rural areas are really poor and agriculture is really dangerous". Through the first two chapters, the history and current situation will be discussed first, the problem of the housing of small property right and the changes in rural land system will be summarized later on, and how to protect the interest groups will be involved last. On the aspect of the housing of small property right, the last two chapters will analysis the reforming of rural land system, especially the land expropriation system, urban and rural integration and property rights issues such as economic reform. Then, it will come to the thinking about the legalization of the housing of small property right, like the comprehensive analysis about the pros and cons of the legalization of the housing of small property right and the methods, bringing up the suggestion that how to promote the legalization and urban-rural integration step by step in order to break the government monopoly on land supply market and establish the new transferring system of rural collective land. With all the efforts, the balanced development of urban and rural areas will be promoted and it will benefit the rural residents in deed during the pace of Urbanization and Economic development.
Keywords/Search Tags:The housing of small property right, Rural collective land, Urban-rural integration, Institutional reform
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