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Study on Legalization of "The Houses with Little Property Right"

Author: WangZuo
Tutor: HuangJianXiong
School: Xiamen University
Course: Civil and Commercial Law
Keywords: "The houses with little property right" The land-use-right for collective construction Transfer
CLC: D923.2
Type: Master's thesis
Year: 2009
Downloads: 823
Quote: 3
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Abstract

The collectively-owned land is forbidden to enter into the non-farm land market under the Chinese present land law system, except from changing the farm land to the state-owned land by the only legal way of governmental requisition. It is not allowed in China now, even though "the houses with little property right" embody the citizens’ need for houses as a new trial of farmers’ thirst for benefiting from the land. However the essential problem of the houses with little property right is whether the land-use-right for collective construction can be transferred.This thesis is going to discuss the reason and rationality of the existence of "the houses with little property right", to find their problems, and to explain the necessity of setting up the transfer regime of land-use-right for collective construction in China. By assuming to establish a perfect transfer regime of land-use-right for collective construction, this article gives solutions to the problems of the houses with little property right. The article is divided into three chapters as the following:PartⅠ: Analyzing the current situation of "the houses with little property right", as well as to give the definition of it, to analyze the reasons of its existence, and to further explore its validity and rationality.PartⅡ: Pointing out that the fundamental problem of "the houses with little property right" is the presently executed transfer regime of land-use-right for collective construction by the analysis of the legal problems they encountered; and to conclude that it is necessary to establish the transfer regime of land-use-right for collective construction after analyzing the deficiency of Chinese presently executed one.PartⅢ: Talking about how to deal with the presently-existed "the houses with little property right", and to give the suggestion to tackle them centering to improve the transfer regime of land-use-right for collective construction.

Study on Legalization of "The Houses with Little Property Right"

Abstract

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