On The Legal Path "Small Property Room" To Achieve

Since 2007, China’s housing prices rising rapidly, "small property room," the term appears in the public eye, with its low price, can meet the rigid housing needs of citizens, but also to the suburban cities of the agricultural sectors of staff bring great benefits, and therefore widely present in the suburbs of the cities. But the "small property room" no clear position on the law, and therefore has been a lot of questions. In recent years, the academic community are thinking, explore ways to solve the problem, trying to solve this problem. Scholars found in the study of the urban and rural land system is the essence and the key to this issue resolved. At the same time, to solve this problem should be an objective analysis of reality starting from the classification, both to protect the interests of existing vested interests of people, but also to promote problem solving, protect and promote social development at the level of fairness, justice and the rule of law.This thesis from the following five aspects to discuss legal means China "house property" legalization to be realized:The first part, "small property room" interpretation, this section includes a "small property room," the definition of the law, classification, and characteristics of the market difficulties. First, from the "small property room," meaning its comparison with real estate, drawn "small property room" is the construction are generally not consistent with national laws, regulations and policies of the approval process of rural collective land and housing was not able to get national recognition; second, describes the "small property room" features; third, the nature of the land to build the criteria for the classification, "small property room" "small property room" on agricultural land "and" small homestead property "of the points.The second part, explained the reasons for its analysis of "small property room." Appears. Reasons of "small property room," produced mainly divided into the root causes of social reasons and legal reasons. This paper proposes "small property room," the root cause lies in our existing dual system of land structure "; analyzes the key cause of many problems in the real estate market, real estate that the executive also analyzes the policy." Small property room "between rapid growth and lack of current laws and regulations, as well as relevant laws are in conflict with this objective fact inextricably linked." small property room "of rapid growth is by no means accidental phenomenon, but by country current national realities, as well as a variety of social factors contributed. these phenomena occur, so we have to consider the needs of the masses and contact current income and the demand for housing rigidity considering. policy failures, the housing needs of citizens and increase the agricultural population these three factors have contributed to the "small property room" and generate rapid growth. necessity of its proposed legalizing the end of this section.The third part discusses the "small property room" of rapid development, conflict and disorder. The portion Lack of laws and regulations, conflicts. He elaborated on the plight of its contents into the market, and so reality, more intuitive to show the problems and issues "small property room" existence lies.The fourth part of the "small property room" legalization jurisprudence analyzed. Firstly, the principle of equal property rights, safeguard farmers’ legitimate rights and interests and to promote sound and comprehensive perspective of urban and rural housing security system demonstrates the necessity of starting the "small property room" exists. Secondly, from a constitutional point of view to give reasons "house property" legalization of circulation, that is the law if you want to limit the power of collective land, the state-owned land should be held the same attitude; "small property room" appears rationality, the "urban-rural integration," the purpose and common prosperity; the law should be valuable orientation balance; the legal basis for the existence of rationality and value-oriented. The legal value of social considerations on the basis of balanced development, China’s economy has entered a rich first drive after the rich stage, under the background of economic globalization, the common development of rural and urban are as important as indispensable. In addition, this section also discusses the "small property room," the important role of legalization. Through analysis, we concluded that "small property room" is the inevitable product of economic activity under the market; it also has a certain flow of rationality, rationality is mainly reflected in the "small property room" appear largely solved part of people’s housing problems, to meet the rigid requirements of the people, therefore, can be used as a reference to measures to improve people’s livelihood. "Small property room" cheap, eliminating the need for a huge amount of land transfer fees, reduce the cost of real estate, effective stabilizing excessive growth of house prices; help break the urbanrural dual structure, speed up urban integration goals, but also China accelerating the proper meaning of the new rural construction; solve the "three rural" issue, increase farmers’ income and promote the development and improvement of the social security system.The fifth part, "small property room" solution, ie rural land circulation system design and improvement. Mainly revise and improve relevant laws and regulations; improve the rural collective land ownership system and rural collective land use rights transfer system; Government has adopted different policies to deal with the existing "small property room"; establish and improve related supervision and punishment system."Small property room" exists to meet the housing needs and improve people’s livelihood, reduce the cost of real estate, effective stabilizing excessive growth of house prices; promote the development of urban-rural integration; solve rural issues, increase farmers’ income and other aspects of the existence of certain positive significance. Faced with the status quo "small property room" exists, we must recognize the fact that you want to solve the problem of small property, "small property room" problem solving is not an overnight thing, which requires everyone in society to make a difference in the process. In summary, the "small property room" reflects the existence of certain social problems, but also there is a certain value and significance, these are worth pondering and we continue to discuss ongoing research. We should make good use of the comprehensive legal and administrative means double and reasonable for different situations to differentiate treatment, so that the "small property room" to solve the problem eventually become a reality, as China’s real estate market has injected new vitality.