The Research On The Legal Regulation Of The Small Property Right House

The existence of small property right room in our country has been a long time, it is the product of our country two yuan of land structure. Different collective land and state-owned land right leads to the small property right room.It involves a large number of construction area, a large number of population, the interests of the complex, and gradually evolved into a deep-rooted social problems. At present, China’s existing legal system is not the concept of small property room, but there is no relevant legal provisions. Since the beginning of the small property rights is not a legal concept, it is not an academic professional terminology. It is only the public in order to distinguish between ordinary commercial housing and the formation of a commonly known, and later by the media, the official, scholars have been quoted in the public view, it appears in the public view. Small property room because of its low price, once launched by the buyers sought after, affecting the real estate market. Although the state has introduced a pilot trial regulation, but with little success. Due to the small property room to avoid the legal constraints led to a lot of problems, led to a series of social controversy. In view of the current development situation of small property and people hesitate psychological speculation, to the small property right room how regulation is particularly critical. If you continue to take the previous scheme, impossible to guard against wind illegally built, existing house property is still hot. If the mandatory destroy all existing house property, makes the two hundred million households unable to receive reasonable placement, will inevitably cause social unrest. So, from the root to the regulation of small property right, it must be objective and in-depth analysis, to an antidote against the disease.This paper starting from the concept of small property, elaborate the specific meaning, defines the concept of small property right. Through the comparative analysis of difference that small property and common property, and to further explore the types and features of the small property right room. Secondly, analyzing the real cause of the small property rights and legal reasons. By contrast, a series of legal issues of small property derivatives. The analysis method for the analysis of small property right behind the stakeholders and their interests through the complex value, in-depth analysis of the interests of the game between the main body, and seek the balance of value conflict. Third, discussed the necessity of its legal regulation, analyzes the feasibility of regulation from the system, the reality and development trend, analyze the regulation scheme, can achieve the actual effect of regulation. Fourth, follow the basic principles, the small property right room for a small property of existing and incremental solutions for different. Take on the existing small property regulation measures:different legislative period of small property housing discrimination; arable land of small property housing, of course, illegal demolition; the homestead property verification to buy by the identity of the decision; construction of small property room differently in different situation; regulation into the market after the small property as property buyers and decide. Preventive measures taken by the increment of the small property right room:reconstructing the benefit distribution system; optimizing the legislative structure; perfecting the land law system; improving the social security system; strengthening the supervision system. Small property right problem is a problem left over by history, and will not be solved overnight, need a reasonable comprehensive plan. Take temporary measures for the existing small property right room. At the same time in the future there may be a small delivery room, put forward solution. Only go hand in hand, multi pronged approach to a reasonable effective solve the housing of small property right of this historical problem, let small property legal and reasonable and effective regulation.