The Research On The Dilemma And The Way Out Of "Small Property House"Legalization

Small property house is the outcome of the interaction of special regime of our China and the economic development of China. It made by joint efforts of different branch. It is explicitly prohibited by the State Council and Ministry of Land and Resource and it is labeled as risky by Ministry of Construction."Forced Demolition Rush" happened in many place (eg:Hai Nan province). Even so, tens of thousands of people choose to join this "illegal profitable group". This interesting phenomenon attracts many legal scholars to research.In China, urban land and rural land share different legal system (this is called Urban-rural dual land system). Under this system, the marketing of the land use right for construction of rural land (LURCRL for short) can only be achieved by state land collection and expropriation. However, the government takes off the benefit of peasants and become the largest beneficiary. When the right of peasants cannot be realized, those whose interests have been hurt raise lots of conflict. Although the Small Property House can solve these conflicts, the free circulation of LURCRL is forbidden by the government. The State Council and relevant departments positively require local governments at all levels to stop these activities and severely punish people involved for several times. However, this cookie-cutter approach didn’t solve the problem. On the contract, it bring more condemns and doubts.In the view of current development of China, if the government arbitrarily limits the free circulation of LURCRL, it will not only harm for the intensive using of land, but also infringe the spirit and some provisions of our Constitution and Property Law. Therefore, in this paper, I will analysis the dilemma of the legalization of Small Property House from the view of provision and regime. Also, I will deeply analysis the necessity of its legalization in the limitation of overall plan of land intensive utilization. On the position of the legality circulation, I will further discuss how to build the relevant legal structure and policies in the future. Endeavour to solve the problem of the legalization of the free circulation of LURCRL.