The Research Of Our Country’s Little Property Right Housing Issue In Rural Land Development Right

The concept of land development rights and the system originated in Britain.In 1947, the British set up for the first time in the urban and rural planning in land development rights system, and make the nationalization of land development rights of interests.The law, the land ownership if people want to change the land use, must apply to the planning authorities.All private land for future development transfer shall be owned by the state, private can only within the scope of the original purposes of land use.The author believes that the establishment of the land development rights system, to promote the legal construction of the system of land rights.From the perspective of the history of land rights system, every country on the construction of land rights system has a concept of transformation- from the initial static benefit protection, evolved into the dynamic considerations, the content of the legislative changes, all this, are present in the specific system design.Interests of the state of dynamic land attention has its own social background, such as the propulsion of urbanization, marketization and the increase of the population pressure, are greatly influenced people’s values and ideals.For Britain, after the second world war, the British government put the interests of dynamic considerations into the legislative limits, the concept of land development rights begin to affect the British government legislation and decision making.Land development rights from the land ownership has become a part of it, the land development rights also unceasingly to strengthen independent right of the status.This undoubtedly for the dynamic system construction of land rights around the world provides the model and way of thinking, has importantsignificance and far-reaching influence.This paper tries to draw lessons from and apply the idea and model, and use it as a legitimate, controllable and institutionalized mechanism, solve the construction and sale of small property right caused by social problems.This article is divided into five chapters, the specific content of each chapter are arranged as following: The first chapter is introduction.In this part, the author mainly discusses the research background and significance of this paper, the purpose of the study and the main content, research methods and research innovations and deficiencies of this article areintroduced, so that a macroscopic study on the article.The second chapter is on the present situation of the small property right problem and its reason of the description and analysis.In this part, the author investigates the present conditions of the small property right problem of comprehensive combing.Small property right problem is mainly due to the country and the small property right builders appear antinomy in the field of land increment income distribution.And, for a small property right problem of the legal reason, policy factors are discussed in detailed analysis.The third chapter is an overview of land development rights.Under this chapter, the author has carried on the definition to the concept of land development rights, to the land development rights and interests of the relationship between land ownership and land development rights source are analyzed.In order to land right to development a more macroscopic and comprehensive.The fourth chapter is on the investigation to the land development rights system of British and American.This part, the author mainly, motivation and meaning of land development rights in Britain, the British system of nationalization of land development rights, reflect the land value increment of recycling plan benefit system is studied.And the land development rights transfer system are introduced in the United Stated.The fifth chapter is under the system of rural collective land right to development, solve the problem of small property right.The author put forward in this part, by constructing suitable for China’s rural collective land development rights system model, and use it as a kind of legal, system, control mechanism, solve the small property right caused by the construction and sale of social problems.Specific countermeasures and measures for the construction of the concept of institutionalization of the rural collective land right to development, put forward to promote nationalization of land development rights, as well as in the countryside collective land right to development plan benefit mechanism to solve the problem of Small property right.