Research On The Enforcement Of The Small Property Estate

This paper attempts to shed the grand background of land use regulation and urban construction planning behind the small property right, focusing on the theoretical problems and practical difficulties in the process of small property enforcement. This paper is divided into six parts,including approximately thirty-six thousand words.The first part introduces the concept of small property right and its legal characteristics. From the perspective of property right power, this article reconstruct the concept of small property room,which been defined the house lacking the housing ownership and disposition, instead of the existing being defined by land status and household registration. On this basis to analyze the small property right's legal characteristics, it is concluded that it has dual illegal, both formal lawlessness and essential lawlessness.The second part reveals the dilemma of small property enforcement in current judicial practice. This paper clarifies the reality of the small property right from the part of housing groups, the types of land use, the ownership certificate, etc. The reality of the small property right is the cause of its dilemma of small property enforcement. And on this basis this paper sums up the problem of the eligible objectives of execution, the judgment of ownership, the selection of executive mode,etc.The third part is core section of this paper, the eligible objectives of the small property right execution is the key to whether the implementation of the small property right. This paper takes the theory of execution objectives as its foreshadowing, mainly introducing the meaning of responsible property, especially its scope and limits in order to provide theory basis for the eligible objectives of the small property right execution. Through the preliminary decision of the small property right ownership and the examination of the positive elements and negative elements of the eligible objectives of execution, this paper argues that the problems of the small property right cannot treat as the same things. Only the debtor own the right of indeed dispose and occupy the rural collection construction land and do not against rural regional planning of the small property right can be regard as the eligible objectives of execution.The fourth part recommends real estate enforcement system in overseas. This paper provides theoretical and practical support for small property right in our country by inspecting power transition of illegal buildings in Japan, Germany and Taiwan of China. At the same time, this paper provides also useful experience for improving the styles of small property compulsory enforcement by introducing and analyzing real estate compulsory auction and compulsory administration system.The fifth part is the important section of this paper, it puts forward the specific solution to improve the small property right compulsory auction system based on the part of the feasibility of mandatory auction scheme, selection of price assessment subject, auction process optimization. Meanwhile aiming at the shortcomings of the existing execution style of the small property right, it tries to build the compulsory administration scheme of the small property right from the part of earnings affirmation of mandatory management, design of custodian system, income distribution of compulsory administration,etc.Sixth part is the last part of this paper. There are several clumsily considers and opinions about the small property right itself and its judicial orientation problems by talking the problems of its compulsory execution.