On The Legal Problems And The Reform Path Of The "Small Property Housing"

“The houses with little property right”is entirely a phenomenon with Chinesecharacteristics,does not exist in foreign countries,so can not learn.since2007,The highprice of house to make people bear more and more pressure.Between the high pricesand low-income,with its low price and relatively superior geographical advantages,“The houses with little property right” have gradually become an important part ofthe real estate market.Though,the emergence of “The houses with little propertyright” alleviate the low-income people current difficult housing issues,but it does notaccord existing laws.Theorists have been exploring,how to solve the problems,solvethe“Solving the houses with little property right”question is how to solve urban-ruraldual structure of China’s land system.,as the same time,“The houses with littleproperty right”have been built should take to solve classification,in order to protectthe interests of the parties.This paper will be divided into four parts on legalproblems of “The houses with little property right”.The first part is about outline of “The houses with little property right”,first ofall description the meaning of “The houses with little property right”, classifyaccording to the nature of the land。Secondly elaborated on the situation of the “Thehouses with little property right”and more intuitive display the problem.The second pard discusses “The houses with little property right” backgroundand causes.divided political reasons、legal reasons、and social reasons.The articlefocus on the policy failures what is the key of real estate market,at the same timediscussed in detail why “The houses with little property right”develop fastly.it isconcerned with conflict between Land Management Law and Constitution、LandManagement Law and Property Law.The houses with little property right”developfastly is not accidental.because of China’s national conditions and kinds of propertyreasons.The phenomenon reflect many property problem,for example the “Thehouses with little property right”embody the citizens’ need for houses and hope increase revenue.This three reasons interact each other is the main reason of Thehouses with little property right”The third part discusses the legal problem of the“The houses with little propertyright”。At first,it does not meet the requirement of principle of equal protection toproperty.The difference between the collective land ownership and the state landownership is their ownership,the former belongs to rural,the latter one belongs tostate,although it is different,they also need the equal protection.This chapter discussesthe reason why the “The houses with little property right” can not acquire theproperty,can not mortagage and can not be compensated when it confronts therequisition and demolition.Then mainly discuss the validity of contract and reach theconclusion that three different subjects applies different laws and differenteffectivenesses.At last,it describes the inheritance,legacy,bestowal,registration andtransfer.The last chapter puts forward the way of reforming which based on the “Thehouses with little property right”discussed above.The reason why the “The houseswith little property right” are so popular links with land system inextricably,for theseproblems,rural collective land ownership must be adjusted.In the meantime,it isnecessary and important to be clear on improving the legal system of the“The houseswith little property right”.Improving commercial housing supply mechanism and realestate market,controlling the price,preventing the excessive fluctuation,maintainingthe development healthily and stably.The last but the innovation of this thesis is to setup a mechanism about classifying the the “The houses with little property right”.It isneed to distinguish them not mix.Therefore,solving the problems of the “The houseswith little property right” is imminent,restraining the developing,determining thefinal solution,the longer the higher cost.