Study Of Small Property Housing Law

The small property right house is develops and the house which directly by the developer or the village collective economy organization on collective all lands gives in the market to sell, its vendee may obtain the villages and towns government or the villagers committee provides "the house property rights card" or does not have any power is the proof secretly. The small property right house produces under our country special social background and the specific legal regime, it appears the basic reason lies in related all quarters benefit gambling and the benefit choice. The small property right house's social impact advantageous also has the shortcoming, its advantageous influence is it own inherent, but its adverse effect both are not it inherent and is not cannot solve. When to small property right house legal rules and regulations, the author take processes small property right house related all quarters the interest relations as the starting point, the host makes widely known the advantage to go to the shortcoming, both acknowledges the small property right house the legal status, and gives its essential limit (by land-use program primarily), and stops over finally to our country land legal regime's improvement.The article used proposed that the question, the analysis question, solved the question essential method and the research step, has carried on the elaboration to the small property right house related legal matter. In the elaboration, the author take the small property right house's legal principle theory of law analysis, the reason analysis and the impact analysis as a foundation, did to the small property right house's legal rules and regulations studies, proposed the national interest and the collective interests phase equilibrium, the social effect unified, the reasonable formulation and in the fulfiling exactly land-use program, the permission plan in the legal effect the collective all construction land and the open land use in the property development, the establishment collective land use selling the system, the permission collective land employment right circulation, to formulate the countryside real estate management legal regime and so on a series of individual opinion, obtained has realized the small property right house limited legalization conclusion.