How Can Property Rights Be Small?

Small property house in our country appeared at the end of the last century, and it is becoming popular recently, turning into a hot issue of concern. Small property house is an incomplete product of the rapid development of China's market economy and related systems, such as the imperfect faultiness of land rights system, which is with Chinese characteristics, the unique social phenomenon of China. At present small property house has become the only choice for disadvantageous group of people. Although small property house is actually non-proprietary property house, they are inevitable to choose such an affordable small property house due to the current high housing prices. Meanwhile, because of the dual structure of China's land policy, owners of the rural collective land– farmers– are collectively difficult to benefit from land. Most of the land value is taken away by local government and real estate developers, so the farmer collectivity is also willing to achieve their own interests through real estate development. However, in recent years, housing development of small property room at suburb has presented out an extensive and massive trend, and a significant reduction of arable land in rural areas threatens China's foodstuff security seriously. Therefore, the China's State Council and its ministries have issued a series of policies and rules of law to prohibit small property room which however have little effect. Small property house disguised by kinds of appearances continues one after another. Based on this situation, this thesis adopts researching methods of comparative analysis, summarization and so on to discuss the issue of small property house in depth.This thesis attempts to start from the definition of small property house, in order to uncover its essential characteristics, and further analyze the emerging background of small property house at practical level as well as institutional level. After analysis of definition of small property house, its legal characteristics and its emerging causes, this thesis, through analysis on the subject and object of land rights of small property house, points out that small property house is essentially non-proprietary property room, and the fundamental causes lie in the land binary system and relevant legal systems. Simply on legal analysis of small property house itself, housing as property belongs to owner having complete ownership. If the house buyers and sellers can achieve an agreement, so long as the selling and buying wills are genuine, and they are in accordance with civil law principles - meaning autonomy, contract freedom, honesty credit, equal value exchange etc., the housing transaction will be effective, and the assignee shall obtain the deserved housing property rights. Subsequently the author studies the current situation of small property house.In the last part of this thesis, the author, based on opinions from different scholars, puts forward a problem-solving thought to the issue of small property house: being undertook from both macro and micro aspects. Therefore, the problem should be rationally resolved by balancing interests from angles, so as to realize a harmonious society.