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Study on the Legal Issues of Uncompleted-Right Houses’ Legalization

Author: WuHaiPing
Tutor: ZhouHuiBin
School: Hunan Normal University
Course: Civil and Commercial Law
Keywords: Legalization Small property room Collective land use rights
CLC: D922.3
Type: Master's thesis
Year: 2009
Downloads: 817
Quote: 10
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Abstract


Small property room housing construction , non-payment of land premium and other costs for sold to urban residents , the state did not issue certificates of title homestead this or certificates of title issued by the township government or village committee in the collective ownership of land . Although China's current laws and regulations defining the nature of the small property illegal , government departments strictly prohibited urban residents to buy a small property room , but small property room hidden market abound throughout the country , highlighting the relevant laws and regulations and the reality disconnect . The judgment of the Court of small property right disputes different academic legitimacy of the small property launched an extensive controversy , it leads to a series of legal system in the theoretical research value . Integrated under the product of small property room is a the dual structure built by the early days of our founding land system , the household registration system and the current land law is not perfect , and many other reasons , is a manifestation of China 's legal system is seriously lagging behind . Small house property is defined as illegal and in violation of the Constitution on state-owned land and the equality provisions of the collective ownership of land , does not comply with the freedom of the market economy transactions rule , contrary to the Voluntary Principles of the Civil Law and Property Law make the best use principle . Meanwhile, the collective land use rights to limit small property room occupied by a free flow , in violation of the principle of the legitimacy of restrictions on real property . Therefore , small property right , should be given legal status . China should be a small property room legitimized as an opportunity to further improve the system of collective land ownership , the to build collective construction land use rights and the free flow of the homestead right to use mechanism , deepen the reform of the rural household registration system and land system , and ultimately the integration of urban and rural areas .

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CLC: > Political, legal > Legal > Chinese law > Land Law
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