The Study On Small Property Room Law’s Exist Problem And Solutions

Along with the rapid development of urbanization evolution, small property room has become a major social problem,this paper is mainly about raise the views and suggestions to the small property room in laws problems and solutions.Firstly, through the integration of literature,describing and analyzing the small property room’s definition, ownership and history in detail.Secondly, through the data, the author analyzes the small property room’s society situation, legal status, the policy and social causes. The policy causes include binary structure of urban and rural, the system of dual-structure household register, land expropriation compensation policy and housing security system, is the reason why the small property room existence and development. The social causes include high prices, blind expansion of city scale, this is the direct reason to stimulate the small property room booming.Finally, from the land characteristic, property, transaction subjects, transaction potency and inheritance effect, with all aspects analyzing and discussing various legal problems in small property room, The author support for the land characteristic and property are illegal, transaction subjects limited, contract and the mortgage are invalid, cannot be inherited According to the legal issues, the author raise solutions such as dismantle the room, transform it into social housing or the commodity housing. In addition put forward the legal way to solve the problem such as binary structure of urban and rural, dual-structure household register,incorporated the collective land into market and advancing the compensation standard of land expropriation.The analysis process and conclusions of this paper, has some significance to the way to prevent the small property room from existence and construction.