A Study On Legal Issuers Of The House With Limited Property Rights Of Shen Zhen

Houses with limited property rights are not built on the state-owned lands that are obtained through bidding, auction and listing. These houses have limited property rights because the procedures of adopting land use right acquisition are illegal. The houses with limited property rights have low price, which makes them popular in the market. Owing to the low price, these houses can meet the housing needs of low and middle income earners in the time of rising house prices. The current laws don’t make provision for the houses with limited property rights. There’re just some regulations and risk disclaimers prohibiting citizens buying the houses with limited property rights. However, these regulations and risk disclaimers did not work. The problems brought by this kind of houses are more complicated and acute. Shen Zhen as the leader of the reform of legal system for the land in China is promoting a new reform to explore a new pattern of using lands. There are four parts in the thesis.The content of the first part is about the reason and the meaning of choosing the thesis topic. The house with limited property rights concerns the citizen and the whole country. The scholars study a little on the house with limited property rights. And they consider the questions about these houses sharply divided. Shen Zhen, as the leader of urbanization in China, it will guide the revolution of the house with limited property rights.The second part is about the derivation and the present situation of the house with limited property rights in Shen Zhen. There are a lot of the houses with limited property rights, which causes many social problems. The houses with limited property rights have been prohibiting the durable development of Shen Zhen.The third part is about the causes of the problem of the house with limited property rights in Shen Zhen. Firstly, it’s incomplete legal system. The current legislation doesn’t have the regulations on the house with limited property rights. Secondly, it’s lower price of the house with limited property rights. The low price of the house with limited property rights can meet the housing needs for middle and low income groups. Thirdly, the peasants haven’t got enough compensation of the lost land. They got the money through building the houses with limited property rights.The fourth chapter is the core contents of the thesis. The writer will analyze the continuous measures of dealing with the houses with limited property rights in Shen Zhen, especially the measures of the latest reform of legal system for the land. Firstly, though Shen Zhen doesn’t recognize the legality of the houses with limited property rights officially, Shen Zhen has provided some regulations which release a signal that legalization of the houses with limited property rights is possible. These regulations include some measures like some houses with limited property rights have the possibility to confirm the full property right. Secondly, from the case of Shen Zhen City Intermediate People’s Court, the contract of the houses with limited property rights is illegal owing to violating the compulsory provisions. In the thesis, the writer thinks that the house with limited property rights is not made law now. According to the principle of "not providing is allowed", the house with limited property right is allowed to built even now it is not made a law, which just proves the current legislation system is not rounded. So it is not appropriate to prohibit the house with limited property rights. The effect of the contract of the house with limited property rights should be determined by the legality of the subject matter of the contract. Next section will produce which kind of the house with limited property rights could be confirmed full property rights. If it could be confirmed, the contract of the house with limited property rights has legal effect. If not, the contract is illegal. In the part of next section, the writer will analyze the continuous legal documents about dealing with the house with limited property rights, especially "Shen Zhen city people’s congress standing committee on rural urbanization historical illegal building decision pilot measures for its implementation" enacted in 2014. At last, the writer will analyze the various measures of dealing with the conflicts of interest and prove the validity of these measures.In fourth chapter, the writer will demonstrate the possibility and the feasibility of applying the experience of Shen Zhen dealing with the house with limited property rights generally. The reasons that the experience of Shen Zhen could be applied generally include three parts. Firstly, the standard of classification of the houses with limited property rights in Shen Zhen is very scientific and reasonable. Secondly, there are different solutions with severity tempered with gentleness of dealing with the houses with limited property rights in Shen Zhen. These solutions could help realize social fairness and justice and build a harmonious society. Thirdly, in the process, Shen Zhen deals with the conflicts through a variety of ways to coordinate the interests of all parties, and also gives consideration to the interests of all parties to realize benefit balance. Through this chapter, the writer draws a conclusion that it is possible and feasible to applying the experience of Shen Zhen.