Research On Legal Issues Of “Small Property Room” To Transfer

Circles of "’small property room’ is a legal term," the existence of two opposing views, I believe that the agreement known as the social "small property room" concept denied housing property, is not a sufficient property rights. Based on eighteen Third Plenary Session of the establishment of a unified construction land market, the author of the legal issues "small property room" Circulation article Context refers built on the homestead and collective management of the land for construction of houses is indeed right and circulation problems. "Small property room" Situation circulation from a legitimate policy does not permit the state to "small property room" does not explicitly prohibit transfer of the legal level, but does not allow policies, and these laws and policies regulating itself, there are many defects. Secondly, it analyzes the "small property room" limited circulation because of imperfect current laws and regulations and policies, the lack of discontinuity and land expropriation legal system, the largest of which is rooted in the structure of the urban and rural land."Small property room" has a negotiable nature. You can have "small property room" on the property, home ownership and ownership certificates are not necessarily linked. Admitting "small property room" circulation relates principle of good credit. Do not recognize the "small property room" Circulation legislation convincing. Legal restrictions on the transfer of collective-owned land, but do not restrict collective land circulation housing. "Small property room" circulation consistent with the principles of equal property rights, in favor of Pareto improvement, conducive to the security of transactions, it is possible to maximize social welfare. So, facing with so many problems of the land legal system, it is a way to reform on rural collective construction land and urban and rural housing system reforms. The author claims to be based on the "integration of urban and rural land" perspective to improve land legislation system, power system of collective land ownership and land expropriation system. It should be based on "the integration of urban and rural housing" perspective to improve a unified power system of housing and a unified housing security system. Urban and rural development is to solve the "small property room" question a fundamental way.