Small House Property Legal Issues Research

House with limited property rights is built on the land collectively owned by peasants and sold to non-members of the peasant collective, and the property ownership certificate is not issued by the state housing authority but issued by the township government of or the village committee.House with limited property rights is labeled the illegal tags from the"birth", but which does not stop enthusiasm of living people from buying, and it is still hot against the market trend, So far, It has covered an area of up to six billion square meters, which is equivalent to total amount of real estate development in China over the past decade, causing many social problems.Houses with limited property rights grew out of exceptional social background and specific legal system, was a result of the role of various factors including society, economy and legal system. The system reason of the issues are the legislative mode of real estate, the framework of dual structure of urban and rural land, the unequal legal status between state land ownership and collective land ownership, and the right to use collective construction land can not be transferred freely in the land market, the legal status of the ownership of collective land and national land is unequal. Although the government departments try to find out some measures to suppress, writer believes that without changing the existing rural land system, all the efforts are useless and more likely to intensify social contradictions, then cause people's livelihood issues.In this thesis, the basic methods and research procedures which are asking questions, analyzing problems and solving problems are used. Through analysis current situation and causes of limited property house, expound related legal issues, research the legitimacy, rationality, necessity and feasibility of its legalization, writer suggests houses with limited property rights should be given legal status. We should take this opportunity to change the existing rural land system in which the reform is out of touch with practical development, to perfect the system of collective land ownership system, to build collective construction land use rights and land use right free transfer mechanism, to deepen the dual land system reform, and ultimately achieve the urban-rural integration.