Study Of The Legal Issues Of Small Property Right

Restricted property houses are developed in the land of collective ownership in rural areas, and the township government or village making housing ownership certificate. The certificate does not have seal of Government Housing Management Department, only the seal of local township government or collective organizations to proof the ownership. Because of restricted property houses developed in collective land, and its construction, sales programs being credited with illegality, thus, the buyers are not be able to gain national deed. However, price advantages of the restricted property houses make it have a wide market effect. This article sums up concepts and features of the restricted property houses, describes its origin, analyze its history, so it raises the ideas that existence of the restricted property houses are of rationality, and around this view by the method of empirical analysis and interpretation from demonstration the law and sociology of law analyzes, and raises solutions of the estates: transfer mechanism of collective land tenure should be established and improved This article is divided into three chapters:The first chapter describes the concept and characteristics of restricted property houses,and from history of the land system studies the history of restricted property houses, and analyzes the reason that the estates exist. Chapter II discusses effects of the estates. Chapter III presents solutions of restricted property houses. Prerequisite of solving the estates is that it should establish transfer mechanism of collective land tenure. For this mechanism, the article has on two areas of analysis. It analyses from longitudinal the problems of imposition of collective land, such as the public interest, compensation standards, supervision and hearings etc., and also from the lateral analysis several main mode of current collective land tenure transferring, example for Nan hai mode, Kun Shan mode, Chengdu pilot, and Homestead House Exchange, and so on. Article thinks that collective organizations should be encouraged to create models of current collective land tenure transferring according to local economic development and the mode should diversify. Finally, it comes up with for solutions that how to deal with restricted property houses, and with a view to improving the existing legal system.Restricted property houses are a big problem about development of urban and rural areas. Thus, the problem whether can be reasonable settled , concerns on whether real estate market can be healthy development and community residents can come true the target of living, and whether social stability and harmony. After researching, I hope this article can give a hand for solutions of restricted property houses.