The Interests Of The Houses With Limited Property Rights Of Conflicts And Coordination

Nowadays, the ownership of "houses with limited property rights" is one of the most controversial social phenomena. According to China's current law, "houses with limited property rights" is illegal. However, there must be some reasons why it is so popular in the soc iety. This paper discusses about the details of whether or not "houses with limited property rights" should be illegal by introducing relevant cases in the way of combining theory and practice.Through the survey of the real estate market in recent years, whose main object is Beijing, the relevant data of market share of "houses with limited property rights" in different locations is cited. Also via the well-known case happened in 2007 which arouses the concern of the whole nation, the objectivity of the existence of "houses with limited property rights" is introduced and the direction of the issue this paper talks about is presented.The text is divided into five parts. The legalization issue of "houses with limited property rights" is discussed in the order of giving the background, specifying the significance, analyzing the premise factor and looking for the path to solve the problem, which are the research background, the necessity, the premise and the path of the legalization of "houses with limited property rights."The first part describes the relevant definition, characteristics, classification and so on of "houses with limited property rights" to explain the reason why this type of housing appeals more and more people. By analyzing the social and institutional reasons of which "houses with limited property rights" arises from and the existing policies of "houses with limited property rights", further exploration of the correlation of the existing land system is made.The second part introduces houses with limited property rights conflicts of interest of all parties to performance, houses with limited property rights problem involves many benefit main body, the author introduced from four opposition conflict of interests, respectively is performance between the urban and rural farmers long-term benefits and the reality, between interests, rural collective and yet borrowers, between developers and rural collective benefit conflicts between. By introducing a multi-stakeholder body and mutual game relation to straighten out in houses with limited property rights in society involving what right state.The third part focuses on the necessity. It indicates that "houses with limited property rights" should walk further on the path of legalization to balance the urban and rural development and improve the urban housing system and other social needs. Once the "houses with limited property rights" is legalized, then the city's housing pressure will be greatly relieved to be able to inhibit the house prices, which makes a positive, steady advance development for the real estate market. If the existence of "houses with limited property rights" was simply denied, it wouldn't be banned and this would result in both legal and practical confusion because of the large number of existing. In order to accelerate the development of the society, we are required to implement the land policy of reform and development. Although China has always been in a dilemma when facing the fact of existence of "houses with limited property rights", accelerate the pace of reform is undoubtedly the right way to stabilize the market.In the fourth part, we discussed that once "houses with limited property rights" was legalized, it would involve two aspects which are the protection of agricultural land and the interests of farmers. China provides "the red line of 18 million mu of arable land" which is the principle that must be obeyed. Therefore, the livelihood problem should be taken into account. The issue of legalizing "houses with limited property rights" would have a foothold only if those "houses with limited property rights" which destroy agricultural land to protect the agricultural land and the interests of farmers. At the same time, how "houses with limited property rights" walks towards legalization, which is built on the collective construction land could be studied.The fifth part is the key point of this paper, which is to see through the phenomena of nature, trying to find the existence of rationality behind the illegality. It comes to that the issue of "houses with limited property rights" is complicated because it involves Chinese urban-rural land-use systems conclusions. A clear and reasonable regulation should be given on the phenomenon of construction built on the collective land from the legal system in order to avoid social conflicts and reduce the waste of social resources.The theoretical basis of the article includes civil, economic and administrative laws and many other principles or content. From these theories, we can draw theoretical support of some of the views and sum up the affiliation between the state of land ownership and collective land ownership. They should share the equal protection under the law. The interest of the owner to occupy, use, make profit from and manage cannot be restricted or denied, unless all the property has the right of another person. Thus limiting the usufructuary rights of human action is inappropriate. It is an abnormal phenomenon that the collective land owner's right of owning the collective land is limited. Collective land owner shall have the right to transfer their land use right.Legalization of "houses with limited property rights" is not legalization without limit, but the country's new legal regulation and legalization under the permission of national land policy. Collective land can be used for real estate projects, so the due legal status could be given to the collective land owner to ensure the full exercise of collective land ownership. Collective construction land and the collective wasteland could be used for real estate projects without violating the national land-use methods and means of land revenue.To break the urban-rural dual system structure and achieve "urban-rural integration" is the key to legalize "houses with limited property rights" and the only way to solve the problem of it. "Urban-rural integration" requires free flow of urban and rural areas in many ways. They must develop in a comprehensive, coordinated, balanced and overall way. To arrange urban and rural resources, especially land is the planning focus of "urban-rural integration." Integration between urban and rural infrastructure is the main content of "urban-rural integration." Integration of industrial and social development is the core of "urban-rural integration." These are the fundamental principle of the work in order to achieve "urban-rural integration" in the new age.Based on the summary of the full text, the conclusion makes clear view of the article and a further supplement. I believe "urban-rural integration" is not a dream if the integration of urban and rural resources is made in accordance with the above principles. A reasonable and appropriate way will be found to realize the legalization of "houses with limited property rights." Real estate development will be stabilized and market economy as a whole will develop steadily and the existing rigid national land policy will be reformed. This series of virtuous cycle is what our government and people want to see and have the responsibility and ability to achieve.