The Legalization Of House With Limited Property And The Method To Realize It

There are a large number of "small property right" In China, the class housingcirculation prohibited by law, the rights and interests of buyers can not get practicalprotection, caused many lawsuits."Small property right" problem how to solve,countries do not have effective countermeasures. The author in this article conductsthe research on this question, put forward the view of "small property right" problem.This article altogether is divided into three parts, about17000words.The first part of "small property right" overview."Small property right"mentioned in this paper only refers to the building in the rural homestead on ourcollective transfer of people outside the house. It cheap, trading process simple, homebuyer’s interests are not protected by law. The emergence of the "small property right"has a system of social economy and the two reasons. Social and economic reasonsinclude China’s housing reform and urbanization in the process of rapid housingstructure imbalance, high house prices, land value,"small property right" interests arebehind the game. Binary partition system reasons including urban and rural landsystem, urban and rural household registration management system, imperfect socialsecurity system, the slow development of affordable housing in cities and towns.The second part of the "small property right" the legalization of theoreticalexploration. The constitution of collective all land into state-owned land is only oneway, that the state, the assignment of the "small property right" is through the buildingbusiness has changed the nature of the collective land;"Land management law"regulation should take when the land use change registration of change, because thecause of the migration to stop the use of land shall have the right to take back the landuse right of the people’s government, make the "small property right" for lack oftransfer; According to "property law" established by the principle of real right of thepublic, real estate property rights must be registered to take effect,"small propertyright" has no registration condition, unable to be registered, the transfer of real rightbehavior does not occur. Theory about "small property right" there are two main types:"small property right" and "small property right" as illegally. The author in favor ofthe latter, build houses on the land without jeopardising the ownership of the housepeople basic housing conditions, the transfer has legitimacy."Small property right"the possibility of legalizing: the constitution assignment problem can be in accordance with the laws of the land use right transfer, visible "small property right" legalizationis not unconstitutional; Farmers "land management law" provisions of transfer ofhousing application for housing land after shall not be approved, but no direct farmerstransfer houses shall be prohibited;"Property law" provisions of the principle of equalprotection to the state, collective, private property rights to equal protection and leavethe law space for the legalization of "small property right". Proposed by the17thnational congress of the household registration system reform for the legalization of"small property right" has provided the favorable policy conditions. Dujiangyan cityof individualized "factory" as the "small property right" the legalization of providespractical support.The third part of the path of the legalization of "small property right"."Smallproperty right" the legalization of adhering to the principle of party autonomy andnational moderate intervention and protection value of the land and property valuecombination principle. The premise of legalization of content subject clear and powerrequirements for setting; Scope of application: through inheritance or donation andother lawful way to form a family home or farmers in rural towns after buyinghousing idle; Specific procedures: housing first, farmers have to sell within thecollective transfer, if no one to buy, can to people outside the collective transfer;"Small property right" after the transfer of interests owned by individual farmers."Legalization of small property right" to transfer housing farmers increase theirincome, solve the problem of idle rural residence and housing supply imbalance in ourcountry, help to realize the principle of equal protection of property rights.Based on the "small property right" concept, the reasons for clues, analysis of the"small property right" the legalization of the legal obstacles, demonstrated thepossibility that the "small property right" legalization in absorbing and criticizing thetheory of the existing research results is proposed on the basis of the author himselffor the legalization of "small property right" new ideas.