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Study on Legal Issues of Houses with Limited Property Rights

Author: ChenCan
Tutor: ZhouGuiDang
School: Lanzhou University
Course: Legal
Keywords: houses with limited property rights homestead the dual system of land transfer
CLC: D922.3;F293.3
Type: Master's thesis
Year: 2011
Downloads: 216
Quote: 0
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With the booming transactions of houses with limited property rights recently,much attentions have been paid on this heated issue.Actually,this kind of houses has appeared due to the overly expanding of urban area in late 20th century.However,for the contradictions between the policy documents by the State Council and the legal principles,as well as the vagueness in laws and regulations,different regardings have occurred on how to identify the validity of the contract and how to solve the vast existing problems of the title in terms of this kind of houses in law practice.Unaccidentally,it is the profound social causes that contribute to this phenomenon.Firstly,with the dual system of land transfer in China,the farmland could be circulated in the market on the premise of land expropriation.However,this system makes the land-selling (including the transferring fund and various taxes) as a way for local governments to increase the fiscal revenue.Thus,the costs of commercial houses are upsoaring.Following that is the booming of population.Then,housing is more demanding than before.Furthermore,with the fast development of urbanisation,the expansion of university’s enrollment,and migrant workers pouring into cities,all these factors has triggered off the ever increasing need for housing in the 1990’s.Lastly,the failing of regulating the price of housing by authorities is another reason for the proliferation of the houses with limited property rights.To conclude,all these points mentioned above directly lead to the housing price soaring far beyond that of the public’s salary and the ability to pay.Consequently,the general public including the low incomers would rather choose this kind of houses for economical consideration,just because these houses locate in suburbs and enjoy the low price.From the point of legal aspects, in order to fundamentally solve this problem,the authorities should take measures to curb the widespread of houses with limited property rights.That is,the authorities should study the system of land expropriation and compensation.,reconstruct the dual system of land transfer.Moreover,the authorities should make it possible that the land owned by the local community go to the market directly without the process of expropriation by governments.Only in this way, could governments do their own parts without the unnecessary interference in the market in case that governments be some kinds of interest groups,which are not for the people.This case-related article,based on the background of this housing phenomenon, is talking about some contradictions among policies,laws and regulations.Next,the article moves on to the validity and the risk of the housing transaction.Lastly,some suggestions are also included aiming at the improvement&perfection of our legislation.

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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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