Study On Small Property House And The Construction Of Related Legal System

Small property house is not a legal concept,it is a conventional title.Now small proerty isbecoming one of the hottest social issues in China. Small property house refers to theconstruction which is built on the collective land and is sold to the members who not belongto the collective without getting the national property ownership certificate.Small property house would bring a host of social problems,resulting mainly in threeadverse effects:poor protect for the interests of buyers；potential risk to plough and foodsafety；reduce the local finance income and farmers land lost.Though the current legislationhas defined it to be illegal and the government and functional departments have announcedaseries of bans to prohibit the citizens buying it,it keeps spreading and the situation becomesmore serious.The formation and development of small property house is not accidental,It results fromthe realistic reasons and systemeatic reasons.Firstly,the price of the commercial residentalbuildings in the city is out of the citizen’s affordability while the small property house’s stillmeets the demand for low-income people who want to buy a house.Without a perfect housingsecurity.people prefer small property house,At the same time,the absence of local governmentregulation and seeking rent by power,The essential cause of small property house is thatcollective land is not permitted to enter the primary market of land transacions.You need tosign collective land for the state-owned after the land acquisition by government.As a matterof fact,the government has monopolised the market of land use right which makes the ownerof the collective land can’t share the great value-added revenue from the land and infrige thefarmers’property fight.Besids,unreasonable distribution of the land revenue and abuse ofpublic interest are also two fundamental reasons.Small property house express the demands ofthe peasantry participating in the land market.Small property house is a very serious society problem and it needs to be solvedappropriately.At present,we need to solve this problem according to different situations.Thosebuilt on the plough must be demolished as soon as possible.As for those built on the collectiveconstruction land,we shall take them into housing security.What’s more,we need toconsummate the housing security,perform the government’s function strictly and toconsummate land expropriation procedure.In order to solve small property house completely,we must estalish a legal system of thetransfer of the land-use right of rural collective construction to allow and regulate the collective construction land enter into the land market by reforming the present LandManagement Law and land policy and formulating a special law.