Study On The Legalization Of Small Property House

Small Property House is a unique phenomenon in China's real estate market. The arise and development of the phenomenon has social,economic, legal and institutional reasons. Social and economic factors include dual structure of urban and rural areas, the rise of urban housing prices and land value, and the lack of supervision of government. The legal system dues to a dual land ownership and a dual system of the land use right , the separation of the real estate registration mode, the legislative model of combination of land and house,and the land expropriation system.The transactions of Small Property House will produce many risks about legal and policy. Small Property House acts against the restrictions on the transfer of collective land from China's "Land Management Law" and "Urban Real Estate Administration Law" on the sale of real estate development and provision, threatens China's farmland protection policy and the real estate market. In this regard, the Government had banned city residents to buy houses or house sites in rural areas since 2004. While the overdevelopment of housing market in 2007, the regulation and control policy became more frequent and severe. The problems arising from Small Property House comes into the vision of the public discussion. Howerve, practice shows that the effects of government's regulation was not obvious. And the problem has become worse.The legalization is an idea to solute Small Property House issue. Through the study from theory and practice, the legalization has its necessity and possibility. The necissity includes the need to complete powers and functions of land ownership, to solute the unfairness arising from the dual structure of urban-rural areas, to achieve social fairness and justice. The reality and possibility includes the arrangement of central government about the reform of colletctive land ownership, the practice and reform of the local governments to push the collective land use right to public market to establish a national unified market, to eliminate the dual system of urban-rural areas.Governeing the Small Property House issue need combining guidance of"dredging"and"blocking", and address both the symptoms and root cause. To solve problems faced recently, we can use treatment of typification. In accordance with the the using nature of land on which the house builded and status of the builders and owners,we must treat the Small Property House in different ways. To those house which has the possibilities to legalization, the owners can make up for the lack of procedure,and then acquire the legal status. To solute the issue fundamentally, it need the reform China's land ownership and the dual system of land use right, so that the collective construction land can access to pubic land market as the state construction land. Therefore, we must modify the relevant provisions of the "Land Management Law"; clearify and improve the collective land ownership; clearify the the subject , representative of the right and the exercise of the process; establish a national unified real estate registration system, with a strict and integrated order; amend the "City House and Real Estate Management Law ", establish a unified real estate management system; improve the land acquisition system and the reform of local financial situation.Constructing a unified land market need to improve and perfect the legislation and system,and need a long process. In order to solve the Small Property House issue, even more to achieve the healthy development of China's real estate market in solving the dual structure of urban-rural areas, to achieve fairness and justice, truly harmonious development. We must face the Small Property House issue, take the first step towards reform with the necessary cost.