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Research on Minor Property House’s Legalization

Author: ZengLei
Tutor: JiangXueYue
School: Hunan University
Course: Civil and Commercial Law
Keywords: Small property room Residential Land Use Right Legalization
CLC: F293.3
Type: Master's thesis
Year: 2010
Downloads: 259
Quote: 0
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Abstract


Small property right is individual or collective of farmers in the rural homestead built with housing from their own use or sale of the members of the collective economic organizations . Small property room start from appearing in an embarrassing identity into the social and economic life , the situation in the social life and in the legal status of a serious discrepancy , small property right can not be recognized by the law , and therefore can not enter the formal channel for transactions , but transactions formed the folk boom . Emergence of small property is in China 's urban-rural dual land system , long-term collective land is not allowed to enter the market , the dominant position of rural collective land dummy , too much emphasis on the results of the social security function of rural land . The exclude such land distribution system from the property of the land as a factor of production , depriving the rights of farmers to reap a windfall for developers and local governments , leading to a more uneven distribution of social wealth . House property issues are ultimately reflected in the homestead right to use the flow problem . In the case of our existing homestead distribution system seriously out of line with the development needs of the farmers , the legalization of small property room has a profound basis in reality , unified urban and rural planning , rural economic development needs , in line with the economic efficiency and social and public interests requirements. Both from the principle of equal protection of our Constitution and property law recognized property rights , and to make affirmative provisions require institutionally homestead right to use the circulation point of view or from the value orientation of the law itself . Revolutionized the drawbacks of the dual land system through the establishment of one of our land system , and the establishment of rural property rights registration system , and the appropriate supporting systems , which sound of ownership representation system , the small house property law on legal status , will be our Select the law in the face of the best system on the house property issues .

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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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