Research On Legal Problems Of The Rural Property House

In recent years, with the constant trading disputes of the rural property house, theproblem of which has already become a social hot topic. Although the current law strictlylimits the free circulation of the rural property house and the government also has taken manytough sanctions measures, the rural property house still has mushroomed. On the surface, dueto the high price of the commercial house and the low price of the rural property house, but, inessence, the rural property house results from the existence of urban-rural dual system whichresults in the presence of the state monopoly of the land market while the economic energy ofthe collective construction land can’t be released, which has been a serious impediment to theprosperity and development of market economy and social harmony and stability. Thepresence and circulation of the rural property house is very reasonable,which is the inevitableoutcome of the rules of market economy. Indulging in the ban can’t completely solve theproblem of the rural property house, instead, it will create more social conflicts anddisputes.Therefore, we should conform to the trend of historical development, break thetraditional concept, make bold exploration, scientifically and rationally design and improvethe circulation system of the rural property house.The paper is divided into five parts, focusing on the analysis of the causes of theexistence and the design and improvement of the rural property house. The full text structureas follows:The first part introduces the decided cases on the trading disputes of the rural propertyhouse in Beijing, Shanghai and Jiangxi, which leads to some thoughts on the problem of therural property house.The second part describes the definition,classification,characteristics and legalattributes.In the paper, the house built on rural collective land is defined as the rural propertyhouse; based on different stands, the rural property house is divided into different types, ofwhich, according to the different nature of the occupied land, is the starting point of the paper. Compared with the ordinary commercial housing, the rural property house has muchcharacteristics as the following: the special developers, the lower price, the specifiedpurchasers, involving the interests of diverse people, the defective property, the circulationrestricted and so on; in accordance with the consistent principle of the premises, to clear thelegal attribute of the occupied collective land use right is the key to analyze the legal propertyof the rural property house.The third part analyzes the reasons of the emergence of the rural property house. Thedirect reason is the acceleration of the urbanization, urban high price and low price of therural property house and so on; the social one mainly reflects imperfect urban housingsecurity system and unsound rural social security system; the fundamental one is the binaryseparation of urban and rural land system.The fouth part demonstrates the rationality of the existence and circulation of the ruralproperty house. Through the analysis of the causes of the presence of the rural property housewhich is the inevitable outcome of market economy in China, we know the existence andcirculation of which is reasonable. Its rationality mainly reflects in: it speeds up the process ofurbanization, promotes the healthy development of urban real estate market, accelerates thedevelopment and improvement of the social security, the most important thing is to help tobreak the binary separation of urban and rural land system.The fifth part elaborates the design and improvement of the circulation system of therural property house. Since the existence and circulation of the rural property house isreasonable, it is necessary to explore their related system. To design and improve thecirculation system of the rural property house mainly from four aspects: to improve thesystem of collective land ownership, to clear the transfer system of collective land use right,to revise and perfect the relevant laws and regulations and to establish and sound the relatedsystem.