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An Analysis Of The Legal Solutions To The Problem Of Small Property Housing In My Country

Posted on:2019-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z X YinFull Text:PDF
GTID:2436330566990718Subject:Law
Abstract/Summary:PDF Full Text Request
"Small property house" is a concept that is well known by the public but is not standardized.It was first reported in media reports.The concept of gradual adoption was not only widely used in the private sector,but also repeatedly appeared in official documents..The small-property house was created in the 1990 s.The main difference between it and ordinary commercial housing is that it occupies land in the form of rural collective land.Property rights certificates are not issued by the state and are not protected by law in transactions.After decades of development,the number,distribution area,and market demand of small property houses have been enormous,and they have profound social influence.The origin of the small property house is the dual structure of urban and rural land in China.Its continuous development has deep historical and practical roots,and behind it there are many conflicts of interest among the main body.However,due to the fact that our country's current laws do not have explicit provisions on small property houses,the property houses with small property rights are gray in our country's laws and are in awkward position;in judicial practice,people's courts often appear differently in cases involving small property houses.The case of judgment;In the administrative management,the state explicitly banned the development,construction,and transaction of small property houses in the form of policies.The unavoidable flaws in the current land system,the tenacious property market with tenacious development under high pressure,and the demand for rigid housing demanded by the people urgently require the state to seek a more reasonable way to solve the problem of the small property house in China.Therefore,it is theoretically small.It is indeed necessary to explore the way out of the property room.This article starts with the basic theory of small property houses,categorizes them according to different criteria,fully explains their connotation and the status quo;on this basis,it explores the causes of existence and existence of different types of small property houses as the basic point,and tries to Explain the country's resolutely resisting attitude;then,on the basis of interest measurement,analyze the rationality of the legalization of small property houses and the pros and cons arising from the perspective of pure jurisprudence in order to seek the legitimacy of its legitimacy;finally,return From the perspectives of the lifeline of the small property house and the analysis of the issues involved in the legalization of the small property house in light of its characteristics,it is hoped that the principle of fairness and justice and the maximization of the use of social resources will be adopted to meet the development of the times.The revision of the law and the design of supporting facilities and welfare systems can provide solutions to the problem of small-property housing stocks,and can explore the functions of rural collective construction lands in the development of commercial housing construction,and ultimately realize the true integrated development of urban and rural areas.In view of the lack of knowledge reserves and the incompleteness of data collection,please understand the deficiencies of this article.
Keywords/Search Tags:small property house, land system, land dual structure, legalization
PDF Full Text Request
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