| The transaction of houses with limited property rights in China is becoming more and more active at present, and it has become one of the hottest issues. The buyers of houses with limited property rights can be divided into the members inside the rural collective economic organization and the members who are outside the rural collective organizations. According to the laws and policies at present in China, the members inside the rural collective economic organization can legally purchase the houses with limited property rights in the organization itself. However, most of the buyers of the houses with limited property rights are urban residents, and it is illegal for them to purchase these houses. In the thesis, the author is trying to analyze the legal risks that the urban-resident buyers will possibly face, by researching the contract of purchasing the houses with limited property rights and the property rights of these houses. Then, the author is trying to analyze the reasons of these legal risks and the solution models of solving the legal risks problems, to show his own opinion of solving the legal risks problems, it is to grant the rural homestead and other forms of collectively-owned land which are owed by the rural collective organizations in the suburban area in China the independent and equal legal property rights as the state-owned land has. And the opinion above is just a preliminary theory, but it could effectively solve the legal risks problems of the urban residents purchasing the houses with limited property rights.This thesis can be divided into the following sections:In the first part, the author is trying to analyze the origin of the name of houses with limited property rights and the original and current situation of urban residents purchasing these houses. And the analysis above could make the conclusion that most of the buyers of these houses are urban residents who mostly purchase these houses with limited property rights in suburban areas in China.In the second part, the author is trying to show laws and policies related to houses with limited property rights in China. Then the author starts to analyze the legal risks of the urban residents purchasing houses with limited property rights specifically, by researching two aspects which are the contract of purchasing the houses with limited property rights and the property rights of these houses.In the third part, the author is trying to analyze the causes of the legal risks of urban residents purchasing houses with limited property rights, there are many reasons which mostly involve the economic system and the house transferring system.In the fourth part, by analyzing several typical solving models of the legal risks one by one and combined with comprehensive analysis, the author thinks these models are only temporary solutions. Finally, the author shows his opinion that we should grant the rural homestead and other forms of collectively-owned land which are owed by the rural collective organizations in the suburban area in China the independent and equal legal property rights the state-owned land has. And it is the comprehensive and fundamental method to reduce the legal risks of urban residents purchasing houses with limited property rights. |
