On The Legal Measures To Solve The Small Property

Small property houses by real estate developers and village cooperation, or villageself-organized housing construction in rural collective land sales to the members of thecollective economic organizations, buyers usually can get by the township government orvillage committee made real estate license. Small property rights are territorial rightsdefective, inexpensive and involve stakeholders diversity, according to different criteria canbe small property room divided into different types.The generation of small property, and development has a profound historical reasons andpractical reasons. The direct causes include: urban housing prices rose sharply, the relevantdepartments lack of supervision, lack of national legislation as well as China’s social securitysystem is imperfect, imperfect urban housing security system and rural social security system.The small property listings, the root cause is the dual structure of our land, rural constructionland is not negotiable, the real one ’legislative mode, in urban and rural land within theframework of the dual structure, land ownership and collective ownership of land legal statusinequality, collective construction land use rights can never be a free flow of the land market.According to the "Land Management Law", the small property room no legal space, nationalillegal to wear a small property room hat, but its helpless, the trend of the development ofsmall property room even more, we can see the current deal with small The property room isinvalid.The emergence and development of small property room has a positive effect andnegative impacts, positive effect mainly in: conducive to the primary land market competitionand stabilize land prices, to ease the upward pressure on prices, increasing farmers’ incomeand promote urban and rural development. Negative impact this might damage food security,to avoid tax, national interests are certain loss, the interests of home buyers in the law can notbe adequately protected.The last section is the main body of the article. Small property room the ultimate goal isto solve their practical problems, this paper will be on the basis of analysis of the relatedissues of small property room, asked the legal means to solve the problem of small propertyroom. Farmers with small property spontaneous collective construction land use right transfer,China should take this opportunity, in urban and rural land within the framework of the dualstructure for business land, rural collective construction land use rights through legislation toestablish a free flow of legal system, so that the rural collective construction land use right toenter the land market free flow. On the other hand, according to the characteristics of different types of small property converted into affordable housing, property room, so as to solve theproblem of small property room. Doing so can not only promote healthy economicdevelopment and resources and sustainable use, but also conducive to the people’s livelihood,maintaining social stability, so that China’s land legislation more perfect, real estate legislationto protect the interests of farmers and buyers, but also help to promote China diversificationof the real estate market, to speed up the process of integration of urban and ruraldevelopment.