Font Size: a A A

The Classified Disposal Of The House With Limited Property Rights

Posted on:2013-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y F WangFull Text:PDF
GTID:2246330377452005Subject:Law
Abstract/Summary:PDF Full Text Request
“The house with limited property rights” in the thesis is houseswhich are built on farmers’ collective land without paying payment ofland transfer fees and other taxes, and are sold to the entity or personnot the member of the collective economic organization at relatively lowprice. Only the township government or the village committee issuescertificate of property title for the houses but without housing ownershipcertificates issued by housing authority. Because of the rapid growth ofcommercial house prices in recent years,“the house with limited propertyrights” has got preference of more homebuyers for its price advantage.However, the government has frequently issued policies to boycott “thehouse with limited property rights” firmly. Courts also unified judicialrod to confirm housing sales contracts are invalid in trials of sale’sdispute of “the house with limited property rights”. In reality, thephenomenon that “the house with limited property rights” was dismantledby force has occurred continuously, which also made the problem of “thehouse with limited property rights” a social focal point question.The legal nature of “the house with limited property rights” is notclear, so that homebuyers bear much more risk coming from the law, policy,government supervision and houses’ quality. Urban residents who buy“the house with limited property rights” cannot hold the housingproperty certificate in accordance with the law, so when there is a housingbusiness disputes, the economic interests of homebuyers are hard to beprotected by law. As the government supervision is weak, the quality ofthe housing cannot be guaranteed. In addition,“the house with limitedproperty rights” was strongly boycotted by the national policy, as a result, it may cause part “houses with limited property rights” to berectified or even dismantled by force. Various factors contributed tomaking “the house with limited property rights” from a sparks of fireto a prairie fire.The most direct economic factors is that a few years ago the priceof commodity house rose dramatically, and some homebuyers whosepurchasing power is limited shifted to “the house with limited propertyrights”. On one hand,the imperfection of the social housing supplysystem clashed with the heavy housing demand in city caused by the fastdevelopment of the urbanization. As a result, urban housing is seriouslyinsufficient, and the government supervision is rather weak, the twofactors provide a favorable space for the budding and rapid growth of “thehouse with limited property rights”. On the other hand, loopholes in thelaw and the urban-rural dualistic land structure both make allstakeholders competed to segment the “pie” of “the house with limitedproperty rights” driven by interests. Due to the complexity of the reason,the large scale of existing houses, the disorder of management and thehigh sensitivity of disposal, the disposal of problem of “the house withlimited property rights” was in trouble.However, it is necessary to dispose of the existing “houses withlimited property rights” reasonably, so as to maintain the order of realestate market and safeguard the interests of homebuyers as well asfarmers’ basic life. Based on principles of maximizing benefits, makinga difference between discriminatory and orderly progress, this thesiswill make classified disposal according to different construction phasesand sales states of “the house with limited property rights”.
Keywords/Search Tags:the houses with limited property rights, urban-ruraldualistic land structure, classified disposal
PDF Full Text Request
Related items