"The Houses With Little Property Right" Circulation Legal Issues Explored

In 2010, in our country the urban commercial under the background of excessively high price of "the houses with little property right", the top-selling caused extensive concern of all parties."the houses with little property right" refers to the built in rural collective land, to the members of the collective property sales outside, it with the urban commercial 25 percent to 30 percent price attracts man home owners. At present, the "the houses with little property right" already accounts for 20% of houses to the entire area in China, and become an important property system of house property type."The houses with little property right" to emerge and development is no accident, is China's market economic development process of the contradiction between the existing institutional economic development, system and reality of the contradiction between the inevitable result. In the process of developing market economy, but land realize value-added sharply, Chinese dual system of land rural collective land ownership makes a farmers' collective people were not reasonably, and enjoy the value-added income by local governments and property developers partitioned. With the development of market economy, farmers market consciousness and rights consciousness gradually enhanced, they use the existing institutional and legal grey zone creatively invented "the houses with little property right" this property types, break the existing interest distribution pattern, actively participate in market resources disposition."the houses with little property right" expressed a farmers' collective appeal to actively participate in market economy.The collectively-owned land is forbidden to inter into the non-farm land market under the Chinese present land law system, except from changing the farm land to the state-owned land by the only legal way of governmental requisition. It is not allowed in China now, even though "the houses with little property right" embody the citizens'need for houses as a new trial of farmers'thirst for benefiting from the land. However the essential problem of the houses with little property right is whether the land-use-right for collective construction can be transferred.This thesis is going to discuss the validity,rationality and necesity of the existence of "the houses with little property right," to find their problems, and to explain the necessity of setting up the transfer regime of 1and-use-right collective construction in China. By assuming to establish a perfect transfer regime of land-use-right for collective construction, this article gives solutions to the problems of "the houses with little property right ".The article is divided into four chapters as the following:Part 1:The concept of "the houses with little property right" are analyzed, the definition of "the houses with little property right" circulation, concluded that definition of "the houses with little property right" a special meaning and forms, and the significant differences with big property right houses.Part 2:Pointing out that the fundamental problem of "the houses with little property right" is the presently executed transfer regime of land-use-right for collective construction by the analysis of the legal problems they encountered; and to conclude that it is necessary to establish the transfer regime of land-use-right for collective construction after analyzing the deficiency of Chinese presently executed one.Part 3:"The houses with little property right" circulation the legality of the existence of, rationality and necessity is analyzed, and think "the houses with little property right" circulation legitimacy and rationality and necessity of legalization shall gradually make its circulation can truly meet the legitimate reason method of nature and social fairness and justice needs.Part 4:transfer on the significance and constructing system were discussed, and put forward to improve the collective construction land use rights transfer system as the core, to balance the interests of related subjects with appropriate update relevant laws for added, thereby completely solve the "the houses with little property right" circulation legal problems.