Study On The Legalization Of "Small Property Right House" In China From The Perspective Of Constitutional Property Right

China was known as traditional cultures like “Food,habitat”.Nowadays,urban property prices are soaring and the housing pressure is also increasing sharply,undoubtedly “the small property house” attracts consumers' eyes.Recent years,“the small property house” has developed from “single spark” to “prairie fire”as a substitute for ordinary commercial housing.The widespread existence and crazy development of“ small property right houses” have brought a lot of problems to the society,Many scholars also began to think about the solution,we generally believe that China's dual land system is the key to the problem of small property rights.Through the study of the phenomenon of “small property right housing”,the author finds that “small property right housing” belongs to the most basic material living conditions of farmers,conforms to the private property rights of citizens guaranteed by the constitution of our country,and the essence of the infringement of“ small property right housing ” is the infringement of the legal interests of the protection of constitutional property rights,which is unconstitutional.Based on the attitude of proceeding from reality,this paper puts forward the way to realize the legalization of “small property right house”,so as to protect the main position of land ownership of rural collective organizations,protect the constitutional property rights and interests of farmers,promote the continuous improvement of China's land system,and promote the construction of urban-rural integration.This paper discusses from the following five aspects:The first part,the overview of small property housing.This paper explains the concept of the“small property right house”,analyzes the nature of its constitutional property right,points out that the property right of the “small property right house”is a basic human right protected by the constitution,and analyzes on the present situation of the development and the causes of the development of the small property right house.The second part,the current situation and conflict of laws of small property housing legislation analysis.Through combing the current constitution,laws,national policies and local policies of our country on the relevant provisions of the “smallproperty right housing”,analysis of the above provisions in the collective land and land housing can transfer the problem of conflict.The third part,the significance of legalization of “ small property right housing”from the perspective of constitutional property right.This paper analyzes the necessity and inevitability of legalization of “small property right housing”from the positive significance of protecting the legitimate rights and interests of farmers and breaking the dual barriers between urban and rural areas.The fourth part,the obstacles to the realization of the legalization of “ small property right housing ” from the perspective of constitutional property rights.By using the empirical analysis method,this paper analyzes the unreasonable legal system,the " hollowing out" of the main position of collective organization land,and the interest game of all parties,so as to put forward the targeted realization path.The fifth part,the realization path of the legalization of “small property right housing” from the perspective of constitutional property right.From perfecting the legislation to protect the rural collective land ownership system,protect the property rights and interests of farmers,protect the interests of the state,the establishment of supporting systems and other aspects of the legalization of “ small property right housing”path.