The Research On Legal Solutions To The Restricted Property House

The issue restricted property house in China has been existed for a long time, in order to solve this problem, different level of governments from national to local are trying to explore solutions. However, due to the impact of various aspects of huge number and variety and complexity of the situation, the government has to take a variety of factors into account in the formulation of the disposal policy of restricted property house, only this can they get a proper option. This thesis attempts to analyze the related issues systematically, base on the legal analysis of the nature of restricted property house. Through a comparative study of existing solutions for restricted property house, the writer tries to provide the advice of dealing with restricted property house. The full-text content is divided into the following three parts:The first part, starting with the definition of restricted property house, presenting the three basic legal characters:the illegality of use of land, the illegality of construction and sale procedure and the illegality of dealing subject. According to the conclusion above, restricted property house can be sorted into the following type: restricted property house built on rural residential land, restricted property house built on rural collective construction land and restricted property house built on cultivated field.The second part, above all, by the study of laws and policies, analyze the standpoint and reason to restricted property house of central government. Next, take Ha’erbin and Sanya for the representative examples which local governments deal with restricted property house, analyze the positive elements and negative factors in these measures. Finally, hackling the attitude of judiciary for the contract disputes about restricted property house, through analyzing the theory of invalid contract, valid contract and the neutral viewpoint comparatively, the essay adopts the theory of invalid contract.The third part, determining the basic principles of solving the issue of restricted property house:the principle of protecting cultivated field, the principle of saving social resources, the principle of maintaining social stability and the principle of fairness, dividing the solutions into two aspects of the macro and microcosmic. At macro aspect, binary structure between urban and rural areas should be canceled, and the supervision and discipline should be enhanced. At microcosmic aspect, three types of restricted property houses needs to be solved in different ways. To restricted property house built on rural residential land, the measure is legislating strictly and enhance the supervision. To restricted property house built on rural collective construction land and in accordance with town and country planning, it can be transformed into indemnificatory housing. To restricted property house built on cultivated field, the house that people doesn’t live in should be dismantled, the house that people live in should be legalized.