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Studies on Problems and Countermeasures of Abortion Power Building

Author: PengYaNan
Tutor: LiuBaoYu
School: Shandong University
Course: In-service law
Keywords: Small property room Land dual structure Collective construction land use rights Housing security
CLC: F293.3
Type: Master's thesis
Year: 2010
Downloads: 545
Quote: 0
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Abstract

The small house property is in the farmers' collective land by the township government or village alone or in combination with the developer of the development and construction of residential housing housing ownership certificates sold to urban residents by the township government or village committee produced. Of China's social and economic rapid development process to speed up the process of urbanization, the problems arising in the context of urban-rural dual economic structure and new rural construction. In recent years, many cities in suburban tract development trend of rapid development, constitutes a serious threat to the sustainable and stable development of China's food security and economic and social, and caused the party and the government as well as the concerns of the community. Small property room has a non-legal, territorial integrity, the right not inexpensive and involving stakeholder diversity characteristics. According to different criteria, small property room can be divided into a variety of different types, in accordance with the the pin construction process of the small property to points, small property can be divided into a small house property is under construction and has built a small house property; accordance with the nature of the land occupied by the small property rights of small property can be divided into small property room on the collective construction land on small property rights and collective farms and farmland;, small property in accordance with the purposes of the small property room can be divided into residential and commercial use room. This paper emphasizes the rural collective land use rights, trying to follow the example of state-owned land use rights from the legislation to establish the rights of farmers on the use of collective construction land and farmland, open gap for the transfer of collectively owned land, a fundamental solution to small property issues. Throughout the text of the five-part study involving a total content. The first part is an introduction, a brief introduction to the topics of the background papers, the purpose and significance of the study, the content of the study and the research methods and technology roadmap. The second part is the definition of a small property room, classification. Mainly on the nature of the concept of small property, small property, and the classification of small property room. The third part is the generation of small property, as well as the formation of reason analysis. Main reason for including the background of the emergence and development of small property room, the status of the small property, small property estate Health analysis. Generation of small property, and development has deep historical reasons and practical reasons. The direct causes include: urban housing prices rose sharply, ineffective supervision of relevant departments, the absence of national legislation and the general public, as well as legal concepts such as weak; small property real estate students, an important cause of the development of China's social security system is imperfect, mainly urban housing security imperfect system and rural social security system: the root cause of the small property real estate students is the dual structure of our land, rural construction land is not negotiable. The fourth part is the development of small property right, the nature of the sales and the harm. By the relevant provisions of the small house property-related laws and regulations and normative documents, drawn to the legal nature of the development and construction of small property, sales. Small property development and construction, except building on the arable land is illegal, the other types of legal effect are pending; small house property sales behavior should area is divided into two aspects of the validity of the contract and the effect of real right, if not inconsistent with the former the relevant provisions of the law is effective, the latter as housing registration can not be the result in ownership of a house can not be transferred. The emergence and development of small property room brings a lot of harm: harm the rights of the buyer, and undermine fair competition. The fifth part for small property rights Solutions. Follow the principle of equality, the principle of maintaining social stability, step-by-step principle, the principle of sustainable development, on the one hand, according to the characteristics of different types of small property into affordable housing, property room, small property right for the violation of the law should be removed with the other hand, the establishment of rural construction land system, improve the social security system in China, from the fundamental solution to the issue of small property room.

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