The Research To Houses With Limited Property Rights’ Related Legal Issues

Houses with limited property rights are not new things in recent years, and society for its argument continues for a long time. Although it has being received high attention, there is never a unified and feasible solution. Because of tight supply to the low price of city’s housing and rural desire for self-develop, houses with limited property rights that are close associated to the people’s livelihood issues and new rural construction are despite being banned in the waves. In some areas, these houses even tend to be normalized. Compared to the writs of the negative attitude, the theoretical circle has been debated about its existence or abolish. However, blind to dismantle is worse than rational guidance. Also, temporary solutions to repairing the status are worse than fundamental solutions to reforming system. In the actual process of governance, the relevant departments of it should eliminate completely negative attitude and comprehensive investigation of various factors. Only in this way, it will fundamentally achieve the transition of houses with limited property rights.About the specific content, this paper can be divided into the following three sections:The first section focuses on the practice and system level, and then by discussing the pros and cons of the houses with limited property rights, as well as the attitude of national policy to reveal the current situation of the development. Above that, paper is trying to put forward three paths for its solution and make the whole interpretation.The second section is trying to analyze concretely that every path will bring different stakeholders to possible legal risks, mainly include to the contract effectiveness cognizance question, and rights protection problems of buyers and collective economic organizations and their members.The last section is trying to formulate corresponding countermeasures against the above risks, it also points that those countermeasures are the temporary in the transition stage. The fundamental solution to the problems of houses with limited property is changing the current order of the land circulation and use, and establishing a unified urban and rural construction land market. To construct the idea, the paper is trying to explore those parts about land right verification work, developing the transferring fees raising way and the land circulation way and so on.