Legalization Research On The Legal Problems Of Small Property House

In the city, against the background of high housing prices , small property rights house emerged. Advantage of its low price, small property rights house has a broad sales market in our country. In the land system of our country, small property rights house is a unique social phenomenon . On the one hand, it violates the policy and legal, on the other hand, its meets the real needs of lawful and reasonable.Currently,small property rights house in the legal"gray area", there is no specific provisions about it. The law does not protect it and not ban on it completely.Although the official considers small property rights house is illegal at present, however,widespread disputes about the validity and rationality of the small property rights house in the educational world are still quite intense. Many scholars and the public believe that the existence of small property rights house is lawful and reasonable, and with brought a lot of social problems. A series of legal regime questions of the land system of our country which is caused by small property rights house have some important fundamentalresearching value.There are many reasons of small property rights house, the fundamental reason is the urban---rural areas dual land system according to the law. The root cause of the problem is the restrictive provisions of transfer of the right to use collective construstion land in Land Management Law, but it violate the article of Constitution, Property Rights Law and Civil code. In this paper, I demonstrated that there are not enough and reasonable legal basis for the official defines small property rights house is illegal. Before the problems of the restrictive provisions of transfer of the right to use collective construstion land is not resolved, the problem of small property rights house will not be resolved and it difficult to gain access policies and procedures. So, from the perspective of improving the law, abolishde the limitations of exchanging the non-agricultural lands which owned by the collectivity in the paper. The small property rights house which is conformed to planning conditions given legalization of status, and in the premise of legalization of small property rights house, given contermeasures to resolved the problem of the small property rights house.