| "Small property house" is not a legal concept,it is a conventional name.This house has failed to win the national property rights permits,but only made by the township government or village committee awarded the certificates of title."Small property house" is developing rapidly,as the first half of 2007,the area of which has reached 6.6 billion square meters.As a focus of attention,it revealing some problems in a land system and even in social systems.The problem of the "small property house" and its underlying issues of law is a certain amount of academic importance and social significance,the paper start on five parts.Chapterl is a "small property house" concepts and categories.The concept and classification of it is according to different standards,a clear meaning in this article refers to "rural property house".Chapter2 is the conflict between the "small property house" and the existing laws.In accordance with the laws,such as Constitution,Land Management Law and others,collective land can not enter the primary market of land transactions.The prohibition is the legal basis which make "small property house" is non-legitimacy and also determine the risk of their transactions.Chapter3 is the limitations of existing laws.Urban-rural division is the crux of the problem.Because farmers could not benefit from collective land use rights,So as a normal product of interests,"small property room" occurs.Chapter4 is the necessity and the possibility of legalization of the "small property house".By analyzing these,Lay the foundation for its legalization.Chapter5 is the legalization of the path of the "small property house'Mn this paper, the establishment of community legal system will meet the requirements of "small property house" is to be legalized,it give the interests to farmers reasonably.A fundamental solution to the "small property house" problem is that we need to achieve integrated development of urban and rural areas. |
