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A Study of the Legal Issues on the Informal Property Rights in China

Author: SongYaoChuang
Tutor: HuangJinCai
School: Henan Normal
Course: Economic Law
Keywords: Small property Collective economic organizations Housing security Low-rent housing Construction land use rights
CLC: F293.3
Type: Master's thesis
Year: 2011
Downloads: 222
Quote: 0
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Abstract


In recent years, the city has been rising commodity prices high, demand for the public purchase of the house is also increasing; the residents would like to buy a house buy house but can not afford housing or even the phenomenon everywhere. So to help the people sigh when the small property with its unique advantages and attitude displayed in the public eyes and by its people can accept the price, favored by the majority of low-income citizens. House property can be said that the issue has become a current practice of domestic scholars and researcher’s one of the hot issues of common concern.We often say that the "small property", is organized by the group on its collective land development and construction of real estate, real estate developers in the use of these arrangements for members of the collective housing, the organization led by a group of real estate to the remaining a very low price to sell to persons other than the collective organization of "small property room.”Its legal characteristics can be summarized in five aspects: non-legal; the integrity of property rights; stakeholder diversity; cheap and regional strong. Moreover, according to different criteria, this type of attribute it is divided into three categories, namely, the share of land use by housing the different nature of house property can be divided into three categories: building upon the collective construction land house property, Construction on the homestead on the small property and construction in the agricultural land on the small property; the construction of house property under the use of house property can be divided into common type of housing, house property, villa and house property investment-oriented house property;... ....So in the subsequent inquiry and thinking to do separate treatment.House property from the signs to the situation in our country could have said more than a decade of history, until today there were minor property room of the bore, can be very complex reasons. In this essay, the problem through the generation of small property, and harm the reality of the development of small property direct cause of the important reasons and the small system of property rights has a profound reason behind the analysis, combined with our country house property on the settlement of the problem relevant policies and regional approach, to comply with certain principles, explore the problems of small property room path and measures proposed in the Government continue to accelerate China’s housing security system reform, urban housing objects continue to expand the scope of security funds to expand housing source, multi-angle at the same time expand the availability of housing security, and improve its regulatory mechanism. Critical review of affordable housing, such as eligibility criteria to ensure genuine access to low-income housing; strengthen supervision and severely deal with affordable housing and low-cost rental housing and other illegal activities, to enjoy the protection of their eligibility to cancel; increase the transparency of distribution of affordable housing, to prevent corruption; ... ....If you have already made real estate to protect the right to reapply for housing. Due to improved economic conditions of affordable housing no longer meets the conditions of the public, it should recover in time for the corresponding low-rent housing or treatment.At the same time on the basis of diagnostic research, scientific rationalization of the operation of small property. Such as the forced removal of those who do not meet the planning, house property occupy cultivated land; according to the actual conversion of some small property affordable housing for the government; to allow some small property to meet certain conditions, into a big property rights, in reality, is a workable in nature, but also conforms to some of the buyers to give a certain part of the protection of national policy, can be described along the flow of public opinion. But here the government stressed the need for certain conditions carefully grasp. I believe that the transformation in this condition should be satisfied: 1, small property has been completed and sold to low-income persons; 2, house property development and construction of urban and rural planning and is not consistent with the overall plan against the country; 3, a small property housing construction quality by the relevant quality inspection departments need to be identified as qualified after; 4, the completed house property for the township government to do right by the procedure farmers use their own homestead can not be spontaneous conversion of housing construction. Separate the four conditions are not satisfied on the line, but to meet because as indispensable. Only meet the above four conditions, the state may order the responsible persons to apply within a certain period of transformation in the nature of housing, asking them to pay the various taxes and fees should be paid, and voluntary payment for condition enough to meet the costs associated with the small property give retroactive legalization of the relevant procedures and issue property rights certificates, so that part of the small property into a large property room. At the same time, government departments should strengthen the implementation of laws and regulatory policies, to prevent "click together gourd dipper," a new house property is strictly prohibited there.

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CLC: > Economic > Economic planning and management > Urban and municipal economy > Urban Economics and Management > The real estate economy
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