On The Right Of Small Property House

Small property house is a widespread phenomenon that attracts much attention. As early as in late last century, with the rapid expansion of the cities, small right house began to come into sight. At that time , because did not have a big edge in price over apartments which are constructed in regular way , they did not attract too much attention. These years, under the rocketing of the house price, common salary earners cannot afford the price which is as much as several hundred thousand or even more than one million yuan, so ,many people cast their sight on small property house which are much cheaper comparatively. But, according to present laws, the houses that constructed on rural collectively owned lands cannot be sold to city dwellers. Therefore, how to deal with the existing small property house remains a legal problem. In the long run, the governments transferring interest to the people and letting the land become the farmers′genuine property are profitable to both the farmers and the country. This paper discuss about this problem with a hope to give some help to the consummation of the relevant laws.The concept of small property house has different meanings in different situations. In this paper, it refers to the houses that are constructed on farmers collectively owned lands by the farmers or town level governments who have the ownership of the lands. Compared with common commodity houses, small property houses have the following characteristics: having no legal certificate issued by the housing department of the local government, being not permitted to sell to people who are not members of a certain collective economy, and being easy to arise depute when being transferred.The rocketing house price which caused by some local governments'land finance is the direct cause of the immerging of mall property house. Since the last decade of last century, to some local government, land fees and related taxes and fees have become the major source of financial income. Following the local governments'land finance movement driven by interest, the price of houses in cities rockets accordingly. The government'failure of house price regulation is the indirect cause of the immerging of small right house. These years, in actual administration there exists error in dealing with the relationship between economic development and the improvement of the livelihood of the people, and the government inverts the position of the goal and the method. The benefit brought by small right house to both the seller and buyer is the main drive of the flourishing of small property house. At present the houses in cities are much too expensive, but small property house bring about the possibility of the realization of"all dwellers have their own houses."And, the farmers can also enjoy the benefit brought by the increment of their lands.The author contemplates on the present way of compensating to the farmers for taking away their lands, and appeals that the government should make the collective land be the real wealth of the farmers. Learning from the experiences in solving the problem, the right of small property house should be legalized through legislation.The realization of free transaction of rural construction lands is the ultimate way to solve the problem of mall property house. The author examine the dual-way land transferring mechanism, and reconsider the prohibition of rural construction land transaction, learning from the experiences of land reform by some local government ,suggest establish the transaction mechanism of the rural construction land.