The Barriers And Countermeasures Analysis Of "Houses With Limited Property Right" Transfer

The development of'houses with limited property right'in recent years is like from little spark to great fire, whose threat to the rural farmland is so serious that we must come up with proper solutions. Our nation implements policies to forbid the construction and the outflow of such houses for many times. In May of 2010,14 departments governed the'houses with limited property right'jointly and pulled down some houses of serious law-violation and great influnce upon the society,but the yield results are subtle and can not stop the rapid development of the Houses and our country still have no proper solutions for such problems. In this thesis, practicial analysis, comparation analysis are applied to analyse the problems of the Houses and solutions are also proposed. The author believes that the Houses can be transferred legally under the premise of no threat to farmland and strict land law of our country.There are four chapters in the thesis:Chapter one,definition of the'houses with limited property right. The author is convinced that houses built on the collective land with certificate of title issued by township government or village government or even without certificates, are all called'houses with limited property right. Next is analysis of originations of the Houses from aspect of system and economy. Last point is classification of the Houses, including legal and illegal ones.Chapter two statement of the main reasons of the Houses'transfer:the author believes that the Houses'transfer is based on the ownership of state-owned and collective land; it is beneficial to restrain house price and keep the society stable; it can increase land earnings and farmers'income; it is beneficial to the rapid development of the rural areas and promote the construction of new countryside.Chapter three mainly analyses the law barriers and consequences of the Houses' transfer, which consists of two parts. Part one is analysis of the barriers of the Houses' transfer, including barriers of law, administration regulation,national policies and judicial practice. Part two is analysis of laws,guidelines,policy conflicts problems caused by the fact that the Houses cannot be transferred legally and consequences in certain right rem.Chapter four proposes countermeasures of the Houses'transfer, that is to allow collective construction land access to transfer legally. First is definition of the mainstay and the properties of collective land ownership. Second is analysis of necessity of transfer of the collective construction land access. Third is assumption of project of collective construction land access.