Small Property Right Law Studies

Limited property house is built on collective land, sold to a member of thenon-collective economic organizations. The causes of limited property house arecomplex, which includes social reasons, economic reasons and institutional reasons.This article analyzes the problem of the dual land system of China and summed upthe governance of the path of limited property house from the reform of thecirculation system of collective construction land, the land expropriation system andthe social security system. Then this article deconstruct the proposition of "thelegalization of limited property house" and found the the focus of controversybetween current laws, national policies and scholarly views. Finally, this article putforward proposals to govern the stock of limited property house.The article can mainly be divided into the following sections：The first part, the author has combed through the concept of limited propertyhouse first, analysis of the definition of limited property house, classification,characteristics, status quo, the damages of limited property house and the conflicts withcurrent lawsThe second part, the author analyzes the reasons of limited property housewhich include social reasons, economic reasons and institutional reasons, but themost important reason is the dual land system of China. Clarify the cause of limitedproperty house has a crucial role in governance and resolve the problem of limitedproperty house.The third part, the author introduces the history of collective land ownershipsystem and analyzes the defects of legal system of the existing system of collectiveland in China: the nature of ownership unclear, the owner virtual and incompleterights.The fourth part, the author analyzed and summarized the legal path to solve theproblem of limited property house: establish the circulative system of collectiveconstruction land use rights, improve the system of land expropriation and compensation, improve housing security mechanisms.Part V, the author deconstructs the proposition of "the legalization of limitedproperty house". Divided into" whether the stock of limited property housesbuilding on collective land are legally" and " whether houses can be built oncollective land legally ".Then found the the focus of controversy between currentlaws, national policies and scholarly views. To avoid a misreading of this discussionfor the public.The sixth part,the author put forward proposals to govern the stock of limitedproperty house. Making a realistically and distinctive arrangement based oncompliance with the protection of farmland, land use planning, urban planning orvillage or town planning.principles of the difference between governance.