Researches On The Legal Transfer Of Housing With Limited Property Rights

With the rising of the price of the houses in the city, the houses with the restricted property right are more and more popular. Without the authorization of transferring, transferring the possessing of the houses with restricted property right cause much dispute. By referring to the theories of property right, this paper conducts cost-benefit analysis and profit game analysis. Moreover, by using the methods of investigation, statistics, comparison, Institution Change Theory etc., taking"building fair and high-efficient transfer procedures of collectively-owned land in rural area", it discusses the rationalized and legalized transfer of housing with limited property rights, and offers solutions to solve relevant problems. All these efforts will offer institutional and theoretical supports to finding out the best mode of utilizing the property rights of rural construction land and residence land, urbanization of rural area, and macro economic-control of state real estate market etc. This article is formed by six parts, the researchs are as follows:Chapter one is about the housing with limited property rights from the legal perspective. It firstly analyzes the concepts and features of housing with limited property rights, and defines the legal concepts of it, which lay a foundation for the legal suggestions proposed for different types of housing with limited property rights in Chapter 6. Moreover, it also introduces the changes of legal institutions of housing with limited property rights, which prepares for the reasons of the generation of housing with limited property rights narrated in Chapter two.Chapter two,"the causes of the houses with the restricted property right", introduce its occurrence, development and disciplinary experience by stages; point out dualistic structure in urban and rural areas is the cause of this problem.Chapter three,"the theoretical analysis and of the housing of restricted property flow", according to the property theory, we discussed the property mode, and point out its bad influence.Chapter four,"research on the related issues and performance research of the housing of restricted property flow", we made questionnaire survey about the Beijing suburbs and Anhui province; based on the investment, and made performance research. We also chose the typical cases to dispute the rationality of the judgment.Chapter five is"the possibilities of the rationalization and legalization of housing with limited rights", analyzes the positive influences brought to farmer income enhancement, improvement of urban residence security system, and optimization of land pattern in major cities by transfer of housing with limited property rights. This chapter also points out the legal space left by Constitution and Civil Law to housing with limited property rights, introduces the practical exploration and innovation of pushing the transfer of housing with limited property rights in Guangdong and Chengdu, and analyzes the significance of the local legislation on the legalization of the transfer of housing with limited property rights.Chapter six,"the current solution and integrity proposal of the housing of restricted property", we give reform proposal. It is the absolute trend of the transitional economy and law. We should differentiate the categories, and take different policies to different category.