A Research On Legal Countermeasure Of The Incomplete-property-right Houses

Economy prompted the rapid development of urbanization process is accelerated, the ruralpopulation into cities, urban housing shortage, the real estate industry’s rapid rise, soaring allthe way of the land price in urban property prices soaring. Ordinary buyers unaffordableprices artificially high city, the government’s affordable housing construction also cannotmeet the needs of low-income groups, there was a most of the vacancy, one most people haveno room to live in the embarrassing situation. Some urban residents and rural residents chooseto buy without construction of rural collective land property rights houses, known as"township of property right" or "small property right". The so-called "small property right"refers to construction on land collectively owned by peasants, and to the collective membersoutside of the residents’ housing sales, because the building on collective land and the price islow, and lack of relevant formalities, not included in the normal channels of management,threat to the real estate market order. Since1998, the state began to take measures to controlthe small property right, and issue the policy documents order prohibits buy many times, butsmall property right in the gray area in recent years is still developing rapidly in the large andmedium-sized cities in China. Buyers because of the small property right to begrudge withlow price, but also worry about a lot of rights cannot be guaranteed. Urban and rural landbinary structure led to the collective land can not get the same treatment and state-owned land,farmers’ land interests are not being met, developers want to profit from it, and thegovernment’s inaction,"selective" the interests of the subject of the drive, has a large numberof small property right threat to arable land and food security in our country, by the potentialof destroying the existing in our country real estate market system and the good marketeconomy order, continue to challenge the authority of the law and the government’s credibility.The management of small property right is imminent.In this paper, the overview of small property right, the legality of the analysis of smallproperty right, by comparing the typical parts processing method of small property right, andthen to the small property right legal countermeasures are also proposed. The first part, introduce the overall status of property right. To clarify basic concepts andlegal characteristics of small property right, based on the solution analysis of the existingclassification of small property right, and then reveals the fundamental cause of smallproperty right is the urban and rural land system, urban property prices has climbed high, isthe direct cause, the government’s poor regulation, law enforcement is lax provide more smallproperty right survival space.The second part, this paper discusses the legitimacy of the small property right. Mainlyfrom the laws and regulations, judicial decisions and the national policies and regulations.Then according to the latest policy on18th the third plenary session of the developmentdirection of small property right, and then come to the conclusion that small property right isnot legitimate, but is still in the development of small property right "in full swing," greatharm, need to deal with the small property right problem in time.The third part, through to the typical of the country, namely, Beijing, Chengdu and otherplaces to deal with the small property right way of comparative analysis, summed up in theseregions of the stock of small property right, the processing method of exploration to theinhibition of small property right system.The fourth part, puts forward Suggestions on small property right law countermeasures,first pointed out that deal with two principles of small property right, and then puts forward toclassify the small property right to stock of ideas, again in clear legislation on small propertyright law rules of illegal disposal measures, establish accountability system, strengthen thegovernment supervision, to speed up the perfect system of affordable housing and land reform,policy, more common governance small property right problem.