Small Property Right In Our Country Law Research

With the rapid development of China’s economy, the accelerated process of urbanizationand industrialization, land resources become increasingly scarce, specially in the case ofurban construction land gradually reduced, more and more massive rural-to-urban migration,urban land appears serious shortage situation. Thus, land prices have been rising, leading togrowing surge of urban real estate prices. The face of high real estate market, many urbanresidents and rural residents into the city, forced to turn their attention to the peri-urban orurban fringe rural collective land should belong to village residents and have housing," smallproperty room "came into being. Small property room "with its low price and the rights of thestate of defects to the real estate market, the impact of the relevant state authoritiescharacterized as illegal buildings. Nevertheless, divorced from the laws and policies outsidethe "small property room everywhere throughout the country, the low price advantage toattract wide attention from ordinary people, but the state of the flaws of its rights and there isthe threat of potential buyers risk reality there are a lot could undermine China’s arable landand the impact of national tax revenue,"Small property room" in the end we do, China’srelevant laws and regulations, how to be regulation, became the focus and difficulty of thecurrent academic research. Brought from house property "a series of practical problems andlegal problems, we should be studied on the legal regulation of small property room, thatsociety and academia wide attention and heated debate" small property room to bring newtheoretical and practical significance.The small house property is an economic phenomenon, peculiar to China stems from ourunique dual urban-rural land ownership. No foreign scholars to be studied in this economicphenomenon of the small property room. This article take a variety of research methods tostudy the legal regulation of small property room.: House property issues through the use ofmulti-disciplinary knowledge combing research in economics, sociology, law; second is theuse of the theory with the actual method, as the starting point to the existing policy, found thatthe current policy, legal lack of convergence with the status quo of small property room,trying to find the intrinsic link between the actual problem with the jurisprudence, and constantly improve the existing policy and legal defects. Third, the use of a comprehensiveanalysis method, try the organic convergence of the theory of civil law and economic lawtheory, which Tenancy in Perpetuity construct a small house property rights framework "isthe use of a comprehensive analysis of theory, the transformation of rural collectiveconstruction land use rights transfer system concluded on the basis of the solution to theproposed ideas and from all walks of life on a small property room.This article is divided into four parts: the first part of the analysis of small property roomconcept, characteristics and type of content to explore and expand to pave the way for the fulltext of the depth; second part is the cause of the small property real estate analysis, mainlysmall property room social causes of legal causes and the root cause of three to start, and thencome to the small property right exists reasonable; The third part is the negative impact ofsmall property room, the presence of small property could lead to national farmland unsafe,the reduction of state tax revenues and the uncertainty of the buyer the right to, and then drawthe necessary to be regulated conclusions on a small property room; fourth part is theconstruct of the legal regulation of small property room. Existing small property room at thesame time to distinguish between governance, both small property room to distinguishbetween the different nature of the land, but also distinguish between the various stages ofconstruction of small property through the interpretation of the relevant policy, analyze thepossibility of legalizing small property room parsing; room; Finally regulate small propertyright to continue to develop the legal channels, first to improve the rural land usemanagement, strengthen the supervision of land, secondly Tenancy in Perpetuity constructsmall property rights framework, accelerate the establishment and improvement of relevantlegislation in the real estate market, Finally, to improve the social security legislation.