Research On Issues Related To The Legalization Of Small Property Room

“Small property house” that has existed for a long time, the earliest dating back to theearly1990s. It is built from the early days of our founding the binary land structure system,the relevant land laws and the country given imperfect product, is a manifestation of ourlegal system lag. In real life,“small property house” refers to the construction of thecollective land to housing in the form of commercial housing sold to people outside therural collective economic organizations. Such housing without planning and approvalprocedures, there is no payment of land transfer to the state and various taxes and fees, andtherefore can not get housing ownership certificates issued by the national housingauthorities.，and no subject to the protection of the law in the process of transaction flow.“Small property house” from the initial stage in an embarrassing identity which existsin the social and economic life in the context of increasing prices, small property with itsprice advantage of scale are expanding. Due to the nature of the land occupied by thesmall property room, small property room diversified development trend. A wide varietyof small property house has been formed, and in real life in the country and thegovernment has repeatedly expressed the need for legal regulation of small property house,the effect is less than ideal, the root of the problem is to deny the legitimacy of the smallproperty one-sided banned small property house.So complex the small property house is，if issues blindly deny, it is bound to causethe shock of the real estate market and the instability in the society. As well as a violationof the constitutional provisions on equality of state-owned land and collective landownership, does not comply with the rules of the market economy transactions freedom.Small property house, it should be specific issues specific analysis, does not violate theprohibitions, given its legal status by the formulation of measures to meet the conditionsof small property house.This paper attempts to legalize the legitimacy and necessity of the "small propertyhouse to explore, discover how to properly regulate small property rights, it is envisaged to legitimize them as the core to the classification process small property house, so as tosolve the" small property house "problems. The paper is divided into three chapters, whichare summarized as follows:The first chapter of "small property house" and it’s causes. Including the concept ofsmall property house, discussion of the characteristics, analyze its causes and explore thesmall property house legitimate rationality.The second chapter discusses the legalization of the legitimacy and necessity of thesmall property house, from system theory and reality, demonstrated the significance oflegalizing small property house. Lay the foundation to investigate the regulation of smallproperty after problem.The third chapter of how the regulatory process "small property house ", superficialexplore and propose the legalization of regulatory ideas of small property right to the coreprinciples of the classification process, so as to solve the "small property house”.