| "Small property"is a commonly known term,is a formation of people in everyday life the title of the convention,not a legal term．Because of theimplementation of urban construction land and rural land for construction system oftwo different sets of legal norms,"small prope~y"refers to the construction of the rural collective land,living houses．Rural collective land into agricultural land,construction land and unused land．Construction land,including farmers for the construction of residential house sites．In accordance with current laws and regulations is not transferable land use right,other than the collective constructionland use right of the''Land Management Law"Article 36 the provisions of the provisocan not be transferred．Accordingly,a number of precedents that,based on thepremises connected to the objective and to protect the interests of the peasants livingthere to set the home's existing legislative policy,the farmers collectively owned landuse right is not transferable and must derive the houses on the homestead can not betransferred．In recent years,as urban land and housing prices rose sharply,rural collectiveland acquisition compensation is not in place there are such problems,driven byeconomic interests of farmers under the land in the collective construction of so．called"real estate",for the sale of different entities(Most of the farmers to buy first house,and then resold the city residents),because property rights associated with such landuse right does not have to make and sex,it is generally recognized that such a house judicial practice does not have the city dispose of real estate power,it aptly called"small property room．""Small property"used by the different nature of the land,there are four barren land,there are homestead,there is encroachment of agricultural land,but also the collective construction of facilities for the construction of public land；built in compliance with town planning,there are irregularities．In recent years,construction of new socialist countryside around the name of the banner,and vigorously promotethe homestead wards,small towns,concentrated in real estate development．and promote a"small property"transactions,the expansion of this market．Adjustment ofthe real estate market in recent years,the corresponding changes in policy or statement has been great,but the legal level for the"small property''deal is actually prohibited,and a recent two—year ban policy is putting the word．This article exploresthe''small property"only on the construction of housing in the homestead．Economists advocated opening up''of small property"market,in order to achieve thefree flow of small property and the interests of farmers and the people get what they want；a jurist of"small property"the basis of homestead buildings that because of the homestead can not be transferred,homestead house built on the right to dispose of ownership can not be achieved,can not reach the premises of one of the legal effect．However,according to the provisions of the Constitution and the Property Law,I believe that China is a country of socialist public ownership,land use right is a usufructuary right,with residential use and the dual function of social securit v．1and use right of farmers to obtain a free of charge,with identity attributes and propertiesof long—term benefits,if the open market,no one can ensure that farmers would berational''economic man",in the rural social security system behind the case at thisstage can not release the flow．However,the future,For the land system,with thesocial security system must establish and perfect the change．When the conditions areripe to be''small property"of the transfer will be lifting the ban... |
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