Research On Legal Matters Of Small Property Houses

Small Property Houses refer to houses which are built on the collective land in rural areas by the village committee and real estate developers,or the village committee itself,and sold to members who do not belong to the collective economic organizations, and house buyers can get the house property certificate produced by the township government or the village committee.The emergence of small property houses is the result of the comprehensive functions of the social,economic as well as legal system factors.The institutional reason of small property houses is that,in the legislative model of the integration of house and land and in the framework of the dual structure of urban and rural land,the legal status of the ownership of collective land and national land is unequal,and the right to use collective construction land can not be transferred freely in the land market. According to the Land Administrative Law,there is no legitimate space for small property houses.However,after the nation put the "illegal" label on small property houses,she still has no other ways to deal with them,and small property houses develop even faster.Consequently,it can be seen that the way of handling small property houses in China at present is null and void.The last three chapters of this article are the principal part.First of all,this paper, according to the civil judgment of the case of Songzhuang artist village in Beijing, analyzes the legal effect of the sales contract of small property houses.Secondly,this article,from the perspective of interest structure,analyzes the interest subject and content of small property houses,and expounds the interest level of them in accordance with the subject and content.If the removal and prohibition of small property houses is not feasible,their legalization will be bound to be an option.Small property houses are the form of the spontaneous transfer of the right to use collective construction land by farmers.China should take this opportunity,in the framework of the dual structure of urban and rural land,for business land,to establish the legal system which can realize the free transfer of the right to use collective construction land in the land market.The collective economic organizations should have the right to negotiate with real estate developers in equal status.China should make small property houses legalized,and gradually establish the supporting legal system of laws and regulations on the transfer of the right to use collective construction land.