Research Of Legal Issues And Countermeasures About Small Property Room

In recent years, the discussion on the topic of small property room has not beenweakened. March3,2013the first of the Twelfth National Committee of the ChinesePeople’s Political Consultative Conference meeting opened. This year, the NationalFederation submitted the written statement "property rights and big hidden "writtenby Alliance Real Estate Chamber of Commerce, that, the choice to buy a smallproperty room is made when helpless people are facing high prices and many legaland policy risks. Related policy of small property room implementation situation,forced removal, confiscation and cessation of the practices of small property room,resulted in a huge waste of social resources and social wealth. For example, forcedremoval, and stopping the construction of a small property room is huge losses andwaste of social resource, and also difficult to rehabilitate rural land in the removal ofsmall property room effectively. As a result, this topic attracted more attention.Academic discussion in recent years, the concept of small property room isrepeatedly defined, in accordance with the opinion of most experts and scholarsgenerally, the narrow definition of small property, namely the "small property room iswithout legal land acquisition and approvalprogram, built in the rural collectiveeconomic organizations or city suburbs township collective land on the residentialsold to non-members of the collective, these residential housing ownership do nothave certificates issued by the national housing management departments, which iscalled "small property room", also known as "township house property", only havethe villagers committee or township government-issued certificates.All aspects of the development, construction, sale, etc of small property rightsare in the gray area of the law, the number accounted for more than20%of the urbanreal estate, and how to properly solve the problem of the small property room bears onthe major issues, but also be the inevitable choice of building a country under the ruleof law. This paper is divided into five parts of the house property issues rational legalanalysis.The first part is to pave the way for the discussion below for small property roomby the typical case of Beijing songzhuang artist village case and its legal analysis.The second part is an overview of the small property. Analyzing the meaning ofthe small property room, the history of the small house property subsequentlydiscussed through the analysis on historical process of the small property housing, andthe status quo, then the small house property classification of the different angles anddiscusses the significance of the different classification. Finally discusses the dangersof small property, clear the urgency and necessity of governance.The third part is a legal analysis of the small property room. First, the smallproperty right law, rebuttal to identify the point of view of the legality of the smallproperty room. Followed by analysis of the effectiveness of the contract for the sale ofsmall property room, rebuttal the view of the legality.The fourth part is the analysis of the causes on the small property room. Theimmediate cause of the small property room is the socio-economic factors, the rootcause is the legal institutional factors. Socio-economic mainly due to the high pricesof the city, the game between the government finances and the people’s livelihoodpromotes the interests of the rural collective farmers impulse. The fundamental reasonis the urban-rural dual land system and missing of the laws and regulations clearlyspecifie the small property in our country.The fifth part is the suggestions of the governance on small property room,which is the central and innovation part of the article. Countermeasures part is dividedinto three levels, the first is the governance principles of small property right,including the principle of court led and government subsidiarity, the principle ofdistinction, and the balance of interests; followed by the legal countermeasures ofsmall property room, change and improve the relevant laws and collectiveconstruction land use right transfer system; Finally, the specific measures ofgovernance of small property room, treat the small house property which has beenbuild differently, remove or convert the small house property according to the necessity in order to get the greatest degree of the social wealth protection; theconstruction of the social security system on the entire social and livelihoodimprovement, including supply of the protection housing, as well as the progress ofthe rural social security system; countermeasures the Central Document in2013background.Through the analysis of the above four parts, discourse and answer more clearlyon this hot issue of the small property room, I believe that this is the meaning of thearticle.