The Research Of Small Property Right Legal Matter

The limited property room problem has become an unavoidable reality of China's social development. The limited property room hot is reflects the conflict and tension between the legal and social development. Researching on China's "limited property room" phenomenon not only has a certain theoretical significance, but also has a strong practical significance.Limited property room, also known as township property room is defined as the peasants on the collective land, the township (town) government or village committee individually or jointly develop a common development and construction of real estate development companies, non-payment of land transfer fee and other fees, by the township (town) government or making housing ownership certificates village houses. limited property room has developed a simple matter to develop low-cost, non-proprietary and other characteristics of home buyers, according to different criteria limited property room can be divided into different types of property rights.Since the development and sale of limited property room are illegal, why developers or the village collective are willing to take the risk of being demolished to limited property room? Limited property room is the direct cause of the rapid development driven by economic interests, this paper first, from an economic perspective, analyzing the economic interests of limited property room distribution pattern and the land laws and policies of the existence of the state. Then analyses the phenomenon of limited property room on the complicated social context, from the Perspective of the Sociology of Law there is little room property is reasonable.Through the limited property-related laws and regulations with room and the relevant provisions of the normative documents, analysis of the limited property room rights conflict with the existing laws and policies, understanding the risks and hazards of the limited property room to the buyers, social, and farmers.From the legal point of view, the limited property room is illegal, but from the property rights point of view, the development of limited-property room has its rationality. The limited room and the legal regulation of property rights system of classification should be followed step by step and according to the principles of rational use of protecting farmland. On the one hand focus on the existing large number of limited property room, how they could be incorporated into the existing legal and policy framework to balance buyers, the village collective and the relationship between the interests of all levels of government. On the other hand because of the dual structure of land essentially has led to the emergence of limited property room. The reform of improving our collective land ownership, to achieve collective construction land use right of free circulation of the final forming of a unified urban and rural construction land market, to achieve " the same place, same power, same price," is the fundamental way to solve this problem. Finally, to learn from foreign advanced experiences on housing security and to recommend some advice for perfecting China's housing security system.