Analysis And Countermeasures Of The Legal Issues About Small Property Room Of China

China is known as "Food，Habitat," traditional culture, so the housing problemsof the people are the most important livelihood issues, but the economy continues todevelop and the urban housing demand increases, while the urban housing a seriousshortage of supply of the real estate market in a serious shortage situation. Since2003,the city housing prices soaring, which is beyond the scope of ordinary urban residentscan afford at this time, the small property room came into being and flourish. Theessential attribute of the small property room in its construction land collectivelyowned by farmers and be sold to residents outside of the collective members. Smallproperty room is with low prices, sales and special geographic position, right sandstatus of defects and involves complex stakeholders. Our current law does not makespecific provisions of the small property room, only the form of a national policy topprohibit the construction and sales, but the small property room of repeated contrary,it appears to be getting worse, the transaction of small property room in the hiddenmarket is still active, which reflects the current mismatch between the legal andpractical issues. In the absence of legal norms which causes in accordance with thelocal courts don’t have the same judgment of disputes involving small property room,the academic community has also launched a fierce debate that there are more peopleholding the law is not responsible for the public attitude, regardless of the riskwarning issued by the State, still buy a small property right, the legitimate interests ofthe buyers are often not protected in the event of a dispute. This article addresses theprinciples of the "property room" there are three: First, strictly protect arable landprinciple, the second is the principle of maintaining social stability; insist on the bestuse of the principle of. Of writing this article thinking to ask questions, analyzeproblems, to solve the problem, so the article is divided into three parts.The first part is of the "property room of the concept and character defined. Comparative analysis with the regular real estate, the connotation and extension ofthe "small property room" with the characteristics summarized. Followed by in-depth,comprehensive analysis of the causes of the “small property room”. Small propertyroom,"the causes of the main result of our existing laws to make the restrictiveprovisions of the collective land transfer, but there are also many social andinstitutional reasons. Finally, the "small property room" is to make a classification,which is distinguished between different types of small property right "to presentdifferent system of proposals and solutions laid the foundation for.The second part is of the legal issues of “small property room”, it is mainlydivided into two parts, one of the small property room,"the state conducted adiscriminate analysis of property rights and claims, precisely because of thecontradictions of China’s existing laws, has caused a" small property room "contractfor the sale but to buy by others but not for the embarrassing situation of homeownership. Second, analysis of the legal risks faced by the buyers will make.Although the "small property room" led to many social problems, but it does alsoplay a curb price rise, increase the utilization of rural land and promotes thedevelopment of urban and rural areas, it is for this reason can not be on the "smallhouse property "" one size fits all "treatment, a total ban on demolitions eviction.The third part, based on the differential treatment of different types of "propertyroom" of the principle put forward a solution to the problem. Made recommendationson the system of collective land transfer. According to the different types of collectiveland, to develop a different circulation system, strictly protect arable land and farmers’interests. At the same time, should develop and improve the rural collective landtransfer system, matching the social security system to ensure that the system ofcollective land transfer successfully implemented. Finally, the different types ofproperty room of the different governance advice.