A Study Of The Legal Issues On The Informal Property Rights In China

The pilot clean-up of small property room will be started across the country safe and orderly bythe Ministry of Land and Resources in2012. In order to launch a comprehensive clean-up of small propertyroom, the pilot program will be based on the trial work and discusses a new solution for the small propertyroom, trying to adjust, innovate and consummate the existing policy and systems. The governmentmaintains the illegality of small property room, there will be no registration and it is without legalprotection. All these mean the related buyer's rights and interests cannot be protected. So what're theprofound reasons of the existence of small property room? And what should we do about these smallproperty rooms which already have been built and put into use all across the country? And what identityshould it be established by law? All these issues will be discussed in this thesis.This thesis summarizes the concept, connotation of small property room, and its current situationand characteristics briefly. It tries to analyze the reasons of its existence, that is, dual system of urban andrural land, the abnormal high price of urban housing and the sluggish land law system. Then it takes theexisting system and laws and regulations as key point, makes a concrete analysis of the conflict with theLand-use, transaction and registration system on small right room. Enumerate several major views on smallright room in academic circle. That is, collective land nationalization, collective land privatization,diversified rural Land ownership and perfecting land ownership, and analyses the disputes of prevailingviews in a dialectic and objective way.Making a further legal analysis of rural land system, firstly, make clear about the social securityfunctions and factors of production functions of rural land. Secondly, analyzes the flaws in the connotationof collective land ownership. Confirm the collective land ownership usufruct circulation. At last, pint outthe primary cause of small property room is the paradox of system of land use control itself.In the end of this thesis, points out that we cannot solve the issue of small property room beyondthe legal system framework. In the value orientation and principle the author has chosen combine with theexpatiation from above-mentioned, therefore several workable methods have been proposed. For thosesmall property rooms which have already been built and put into use, we should not across the board andmake a full disavowal. Instead, we should analyze specific circumstances and handle them differently. In the system aspect, based on the constitution, suggest that by modifying the "Land Management Law" of therelevant provisions to reform circulated collective land utilization rights system. Which includes clarifyingproperty rights, establish the real right on collective land use right, strengthen the protection for the right ofself-interest collective land, and establish an orderly circulated collective land utilization rights system.Reinvent the land management system, and establish a scientific and reasonable way of land utility typescontrol, and a functional system. Dismiss the land development licensing model in a vague, rough,administrative commands way. Establish a perfect permission procedure system for agricultural landconversion. Reestablishing an interest communication construction plan permit approval procedure, andthen to treat efficiency as the basic value to promote and ensure the land market function smoothly.