Thoughts Of Regulations About Property Rights To High House Prices

The 17th National Congress report detailed the plans that all the people would enjoy their rights to education, employment, medical and old-age care, and housing, so as to build a harmonious society. The recent high house prices make the'right to housing'focused by the general public. The 17th National Congress has opened for over three years, Central Government implemented many control policies to house prices frequently in this period, but the rising house prices did not come to be reasonable. People who want to have their own houses are still wandering through the street to their dreamland.Chinese real estate is highly market-oriented economic development and has become a pillar industry. I believe that the frequent central government control policies introduced, on the one hand reflects the complexity of this huge developing market, the systemic regulations are required in a timely manner; on the other hand reflects the legal norms in our forward-looking, ahead of the deficiencies.Based on the current real estate market in the context of rapid expansion, because of the objective existence of dual land ownership, and the deepening of the process of urbanization, it makes the land of the urban planning area has the situation of whole people ownership(state ownership) and collective ownership forms co-existing. On the one hand, since the relevant property regulations for the power of the restrictive provisions of land, urban land for housing construction is strictly limited to state-owned land, and the "urban village" collective land can only be imposed only after it has been expropriated; on the other hand, the process of urbanization on the huge demand for construction land, local government has showed great enthusiasm associated with "urban village" real property led to the expropriation of "urban village" collective land. Namely, collective land ownership of collective land use rights and collective ownership of land housing become the focus of struggle in the various stakeholders. The focus behind all this, it is the houses building on the land.Houses, land, the combination of the two real estates of legal sense makes the right blend of the real properties. From the perspective of property rights, our ordinary commodity housing mainly has two rights, namely, home ownership and state-owned land use rights. Ordinary housing market activity, in essence, the sale and purchase transactions of the main house ownership and state-owned land use right transfer of property rights; house price of the transaction, in fact, are the price of home ownership and state-owned land use rights paid to obtain the housing. It can be clear, the level of house prices, the same as the high and low price of home ownership and state-owned land use right transferred. That analysis, the problem of current house prices artificially high are largely caused by the artificially high price of housing ownership and state-owned land use rights. Therefore, the adequacy of property norms plays a key role to solve the problem of high prices of housing ownership and land use rights effectively.In view of this, the paper is divided into three parts, in the areas of housing property ownership norms, the state-owned land use right and the "urban village" real property, etc. After a certain degree of thinking, the relevant property regulations still need to improve and the author proposes his own recommendations.The first part is about the measure of high house prices, from the three aspects of the price earnings ratio, the rent ratio, the price growth rate and the ratio of GDP growth rate, it points out the existence of the bubble of house price trends and the urgency to improve the relevant regulations of the property rights.The second part is about the defects of property rights regulations to artificially high house prices. The survival period of housing rights is not clear. Although the housing property ownership has no time limit, but the limited nature of housing will lead to the elimination of home ownership; the regulations are lack of the exhaustive case of the loss of state-owned land property rights; in the "urban village" real property, since the reality of collective land subordinated to state-owned land, the property norms are not enough to protect the "urban village" land and housing rights.The third part is about the improvement of property rights regulations. It points out that the survival period of housing rights from 50-70 years; in the relevant property specifications should state the case of loss of land rights and the right relief clearly; To improve the terms of public interest and the "urban village" property real estate property right norms, to promote the legal and effective use of the rational housing market, and ultimately contain the high fever price.The conclusion of the article is a summary of the text to point out that the value of this research aims to achieve, and the inadequacies of the related study fields.