The Research On Small Property Room Of The Legal Issue

The small property room has been a tremendous development all over national scale in the recent years. By half of the year 2007, according to incomplete statistics of the Lands department, the area of the small property room have reached 66 hundred million on a national scale. Small property room is builded in the collective land by some village collective organization or developers what is on the excuse of buildding the new socialist countryside. Special projects on small property room are addressed By department of Homeland. Recently, the Department of Homeland has been making policy and scheme on how to due with the small property room. On the base of scientific commenting on the small property room problems, this article proceed from China's actual conditions sums up some suggestions to solve the problem, to declare or make the small property room legally valid.The small property room is the house what is builded in collective-owned lands and sold to the people who is not the members of the collective economic organizations, its construction development is made by villagers, developers or township government. The small property room has some characteristics compareing with the commodity housing,1. It is not protected by law;2.No land use right certificates,no land access card.3. Low prices.4. It is builded in the collective-owned lands, which includes house sites and cultivated land. The small property room turned up in the 1990s, and its Properties changed from 2003. Many people began buying small property room, and its construction development become large-scale development behavior. Article 63 The land use right of peasant collectives shall not be leased, transferred or rented for non-agricultural construction, except in the case of legal transfer of the land that conforms to the general plan for the utilization of land and legally obtained by enterprises due to bankruptcy or acquisition. Besides, Article 14 the instauration, alteration, transfer and elimination of property rights of immovables, which should be registered in accordance with law, shall go into effect since they are recorded into registering books for immovables. General office of the state council and ministry of land and resources have issues some decision and ordres which forbid town residents buying rural housing land and issuing land access card to them from 1999. The government had enacted a series of policies to forbid the small property room, but it still developed rapidly. On the face of it, the direct reasons includes the high prices, economic interests, the social security system and the housing problem. And the root cause is the system about the transfer collective construction land use rights, and relevant legislations are imperfect what made small property room develop in the legal grey zone. The development of small property room still includes some social conditions, such as urban-rural integration. Other reasons, the integration of city and countryside provides the platform for development of this problem, and it is not developed in one day. The government unable to meet its obligations, and that is also one of the reasons. Institutional reasons, land rights problem and benefit distribution are behind smallproperty romm problems.Opinion about what could or should be done about the problem has been argued about for years. Some scholars put forward to place a strict control on the usages of land, and resolutely put an end to small property room. Some researchers raised that it should be legalized, because it improved the living conditions of the people and levels of income. The more feasible Scheme of theory circle includes:1. government should bring small property room into housing security system.2. The small property room shuold be made legal after paying back taxes and land transferring fee. From 1999, Ministry of Land and Resources and general office of the state council decreed the chain of command that small property room should be forbidden. In 2010, Housing Price has become a highlighted issue discussed at the Third Plenary Session of the 11th Central Committee. The regulation scheme are under review by the state council.These measures are having a noticeable impact in a short time, but the problems still exist. Throughout the country, "small property room" is deal with illegal construction, There are some local government confiscate purchasing money for real estate as ill-gotten gains. Base on many theories, we propose some suggestions to solve the problem. To permit transfers of small property room, and discuss the possible problems, and build the flow of the Small property room-Platform to help people resolve economic problems and legal questions. When it ripes,we can provid a legal basis for transfers. And proved the feasibility to legalize the small property room, base on theoretical analysis and fundamentals of Law.