Research On Minor Property House's Legalization

The minor property house is build by the individual or collective farmers in the rural homestead on the use of live or for non-members of the collective economic organizations to buy. The minor property house appeared as an awkward presence in the social and economic lives. There is a serious discrepancy between the situation in social life and in the legal status of the minor property house. The minor property house can not be recognized by law, therefore can not be traded with normal channels. But it has formed a trade boom in the civil. The minor property house was appeared in the situation of urban and rural land system in China. Long-term the land market does not accept the collective land, unclear of the main status of the collective land and over-emphasis on the social security function of the rural land lead to the minor property house's appearance. The land allocation system of land excludes land of property as a factor of production. It deprived of the rights of farmers and seized huge profits for developers and local governments. And finally it led to a more uneven distribution of social wealth.The minor property house problems reflect the land use right of the Circulation. In the situation of there is a serious gap between the existing residential land distribution system and the development needs of farmers, the minor property house has a strong practical basis for legalization. It meets the needs of the integrated planning of urban and rural and rural economic development, and consistent with economic efficiency and social public interests. Whether it be from the principle of equal protection of our Constitution and the Property Law on the recognition of property rights, or the values of law, it calls for a system of transfer of the land use right provisions to make sure The drawbacks of the dual land system can be changed completely by the establishment of a dollar land system in China. And the establishment of rural property rights registration system and the relevant ancillary system are very important. So the expression system of ownership can be improved and the minor property house can get a legal status.