Studies On Legalization Of The Limited-property Rights House

The limited-property rights house which the thesis studies is developed in the rural collective land and sold to non-collective members. As the current attitude of the government to the limited-property rights house is negative, those houses can’t get the protection by law. However, with the sharp rise of urban housing prices, the limited-property rights house is showing a prosperous trend. Despite repeated prohibitions, the occurrence of the limited-property rights house reflects discordant relationships between the needs of social development and the law. According to the present situation and development trend of the limited-property rights house, only by relying on the government’s policy regulation to inhibit it cannot solve the problem. Along with the fast development of the limited-property rights house, more and more problems have risen, and bigger interest parties have been involved. All these require our country to put forward a legitimate solution to the limited-property rights house as soon as possible.The current study on the limited-property rights house is relatively weak and the solution to the problem is still at the groping stage. The urban--rural areas dual land structure and strictly restriction to the using right of collective land are the roots of the problem. However, the existence of the houses is reasonable according to our present social and economic situation. The legalization of the limited-property rights house is not only beneficial to the improvement of our legal system, but also has the theoretical and realistic bases through the analysis. For these reasons, the government should abandon the mode solely depending on several policy documents to define the illegality of the houses, on the contrary we should adjust according to the demand of society and economy’s development and gradually realize the legalization of the house with limited property right.This article is divided into five parts on the structure:In the first part of this article, the writer summarizes the basic situation of the limited-property rights house. Starting from the concept, the characteristics, the classification, the causes, and the current situation of the house, the writer clarifies the basic situation of the house in this article. In this foundation, the writer points out that the direct reason to the emergence of the limited-property rights house is the high commercial house price and the fundamental reason is the urban--rural areas dual land structure.In the second part of this article, the writer introduces the necessity and possibility to the legalization of the limited-property rights house. The necessity of the legalization is mainly the benefits to the healthy development of the China’s economic and social benefits. It can implement the scientific concept of development and promote the coordinate development of urban and rural area, promote the development of the real estate market in China to a multiple system, solve the contradiction between the people and the government and maintain social harmony. The explanation about the possibility of the houses is from the legalization of scientific theory foundation and realistic foundation. In the scientific theory foundation, the writer’s explanation is mainly from the legal rules and the spirit of Constitution, Civil Law, and Real Right Law. The realistic foundation is mainly from the realistic possibility, the development space, and the advantages of the legalization to the limited-property rights house.In the third part of the article, the writer puts forward three obstructions about the legalization of the limited-property rights house and proposes measures to figure out them. First, it reduces the farmland and threats to the food security. Second, it threats to the long-term interests of farmers. Third, it threats to the interests of the house buyers. These are obstructions which are listed from the perspectives of government, farmers and house buyers. In view of these obstructions, the writer argues their unreasonable and illegal places from various angles, thus to overcome all the obstructions and reach a conclusion that the limited-property rights house should be legalized.In the fourth part, the author introduces the premise of the legalization to the house. The author suggests defining the limited-property rights house legally, making the Planning Law for Rural Land, and completing the existing system, which includes collective land ownership system, the circulation of using rights system and rural social security system, so as to resolve the problems of the limited-property rights house reasonably.At the end of the article, the writer puts forward the solutions for the existing limited-property rights house that we should deal with them in different ways according to the nature of land. The houses which were built on the agricultural land should be removed away forcibly primarily and be incorporated with the indemnificatory housing for the supplement. The houses which were built on the living rural housing land should be brought into the indemnificatory housing and the houses which were built on unused rural housing land should be brought into the full property rights house. The houses which were built on the collective building land should be incorporated with the full property rights house and the indemnificatory housing according to different conditions.