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On The Legal Dilemma And Outlet Of The Transfer Of Small Property Rights

Posted on:2017-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:X Y HanFull Text:PDF
GTID:2356330536469824Subject:Law
Abstract/Summary:PDF Full Text Request
The small property right room is a special phenomenon in our country,which is rooted in the unique property right structure of the urban and rural land in our country.Two kinds of land ownership system in the property rights of the long-term unequal status led to the final formation of the land market in China,"two kinds of property rights,two markets" two yuan structure.Small property right room based on all kinds of interests of the game came into being.The small property right house by the attention of the whole society has not yet been solved properly,which shows the related system and the people's livelihood contradictions and interests.It can be said that the issue of property rights is not only a legal issue,but also is a social policy issues related to the overall social people's livelihood.Although the government,the judicial organs to define the property of the illegal construction of the housing,but the academic community is very strong voice of the legitimacy of the housing.The transfer mode of the small property house includes buying and selling,leasing,inheritance,gift,mortgage,replacement,etc..There are many difficulties in the legal aspects of the circulation of the small property right house,including the difficulty of the legislative level and the difficulty of the judicial level.For the legislative level,the current law on the construction of small property rights of the land use rights transfer restrictions,resulting in the construction of the small property right room also can not be free transfer.For the judicial level,the judge based on the illegal nature of the small property room,the decision of the sale of small property rights of the housing contract is invalid.The real life of small and medium property rights are often due to inheritance,mortgage,divorce and other property division and transfer to the hands of the people of non collective economic organization,leading to the dilemma of the judge's judgment.Small property transfer is fundamentally limited by the current two structure in urban and rural areas land system,so the small property transfer way should be regulated from the system level to a fundamental solution,fundamentally solve the problem.To deal with the problem of real property transfer,we must break the existing land system,reform of the land market,the establishment of a unified urban and rural construction land system,solve the collective land expropriation compensation system,improve the land use right circulation system.This paper solves the problem of real property transfer from small angle,is divided into four parts: the first part of the concept of clear small property,reason and transfer produce is in line with the current trend of economic development;the second part analyzes the shortcomings of small property right legislation in and problems from the aspect of law;the third part embarks from the judicial practice study,small property sale contract validity and judgment;the fourth part puts forward to build and perfect the ideas and measures of the existing system.
Keywords/Search Tags:small property right room, collective land ownership, usage rights of the collective land, the right to use the homestead
PDF Full Text Request
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