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The Research of Making Houses with Limited Property Rights Legal

Author: YinXin
Tutor: WangShuJuan
School: Shanxi University
Course: Civil and Commercial Law
Keywords: house with limited property rights social security legalization rural land the legal system urban and rural structure
CLC: F293.3
Type: Master's thesis
Year: 2011
Downloads: 505
Quote: 0
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Abstract


With the rise of the domestic house prices in recent years, more and more medium and low-income persons began to choose to buy "the house with limited rights ". Although the "the house with limited rights room" has not been clearly identified illegal, but it is in a legal gray zone for there is stern warnings from regulations and risk disclosure documents of Ministry of Land Resources and the State Council conference file. what should we deal with "the house with limited rights " arouse heated debate, which has become one of the top ten hot spots of society in China. Viewing of the "the house with limited rights " involving many benefit disputes and reflecting the multi-deep level of social contradictions and conflicts of interest, we can not simply define it as the illegal building. To accurately define the term "the house with limited rights ", we must first determine that how the currency law defined land rights, which is also a challenge to the reconstruction of the current real estate market. With the basic social and economic development of the situation, base on the spirit of "human-oriented, harmonious development "concept, engaging in coordinating the interests of conflict-related organizations, this paper aimed at finding a legal way to those constructed "the house with limited rights " which subject to national farmland protection policy and urban planning. Meanwhile interests of both farmers and urban residents, the government and the developers could be given consideration.Legalized "the house with limited rights " has important and profound significance for the economic development of towns and villages and improvement of life quality of urban and rural residents. First, rising house prices drag down prices and increase land and housing supply, which make it possible for low-income urban and rural residents to have a house. Second, the process of commercialization of rural land can contribute to the centralization of living and housing in the market, while the "the house with limited rights " legalized unrestricted flow to the farmers the right to housing. This combination of the right and the housing market must play an important role in the income increasing of peasants. Third, it has an important pushing effect on coordinating urban-rural development, breaking the boundaries and formation of integration of urban and countryside as well as economy.Empirical analysis are applied in this paper which conclude and analyses China’s "the house with limited rights " status and causes. A survey was made to investigate the social and legal influence of "the house with limited rights ". Make a research on the rules and regulations related to "the house with limited rights ". At the same time, a comparative analysis method and a social analysis method is used in the paper writing. Adhering to the combination of legal norms and reality and rational thinking, striving to maintain both the dignity of the law in the same time, this paper seeks to establish a sound legal system to protect the practical needs of vulnerable groups in society as much as possible and to gain the most profits of social and public interests and values Harmony. Analysing the necessity and the possibility of "the house with limited rights " lade the groundwork for its legalization. Also several qualifying options are proposed for qualified "the house with limited rights" to choose. But only realization of integration of urban and rural areas can thoroughly solved the "the house with limited rights room" issue.

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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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