Research On The Legal Countermeasures Against The Small Property Houses

In the1990s, housing with limited Property right in many coastal city’s outer suburbs andurban-rural community were born, then following the rapid urbanization process continues toexpand, lastly rocketed to fame.right now, the small property right are springing up likemushrooms in big cities At the same time, the housing with limited Property right arespringing up like mushrooms in the first-tier cities. On the one hand, the gap betweencommercial house of high prices and the people’s low income provides continuous, hugemarket demand. This is the economic cause of small property right, of course, it includesother factor which is without a perfect housing security, on the other hand urban-rural dualland system is the fundamental cause of small property right, the profit distribution of landexpropriation system is unreasonable and lack of government supervision is the importantreason for the small property right problem. Throughout most of the small property rightinvolved land policy, the government has been promoting the small property rights theory ofillegal, prohibited to build and sell, in the law "will not be registered”. The emergence ofsmall property right problem exposed the hysteresis current law about land policy andfuzziness and even a large gap. So what’re the profound reasons of the existence of smallproperty room? And what should we do about these small property rooms which already havebeen built and put into use all across the country? And what identity should it be establishedby law? Therefore, research on the phenomenon of small property right legal problems inboth has certain theory and practical significance.Specially, this dissertation consists of four main parts besides introduction, conclusion,references, and acknowledgement. The First part, through the comparison between thehousing of small property right and the property right, it primarily analysis of the housing ofsmall property right concept、characteristics. Then it makes a detailed introduction for thebasic theory of legal norm. This Part, we will analyze the causes of the issues of houses withlimited Property rights from the Perspective of law and economics, as the follow-updiscussion. The third part is overview of legal dilemma in the social background just likewhether to making the small property room legalization.the last part is the core part of thispaper. We will propose some specific approach to solve the issues of houses with limited property rights. First of all, in order to solve the issues of houses with Limited Property rightsfrom source, we will build free flow mechanism of the rights to Use of collective constructionland, with perfect the subject system, circulation Mechanism, then we will Put Forward someideas to solve the legalization on the small Property room in different types of houses withlimited Property rights to built on ideal housing land so as to maintain the stability andharmony of our country.