Study On The Regulatory Policy Of Houses With Limited Property Rights

In recent years, lots of illegal developed and traded Houses with limited property rights, under the disguise of old city reconstruction, the reconstruction of village inside cities, the new countryside construction, protected agriculture, and overall urban and rural development, are built. From media reports, academic studies and survey data, we can see Houses with limited property rights are numerous, widely spread, problematic, hotly disputed and has far-reaching influence, which make it one of hottest spots attracted most attention from the government, media, academics, developers and the general public.The formation, development and growth of Houses with limited property rights resulted partially from systematic reasons, for example, urban and rural land are artificially divided into two systems, which is the problem in land management system, different taxation systems result in mismatch in routine power and financial power in fiscal management system and the peasants'empty constitutional rights of the land; and partially from economical and social reasons, for example, high house prices in cities in the reform of the housing market, lack of housing security, transparency of differential earnings from land brought by industrialization and its unreasonable distribution of income, the social assumption of "law never blame the public and law is hard to punish the public"; as well as other regulatory factors, for instance, the absence of local government regulation and seeking rent by power. Besides, the market of selling and purchasing Houses with limited property rights, in fact, is formed in considerable size. Different stakeholders representing different interests are anxious to arbitrage, seek and divide interest and wealth, which is one of key factors for the rapid spread of Houses with limited property rights.The disputes on the legality of Houses with limited property rights and the legal nature of property rights focus on the adequacy of current laws and regulations. The popularity of Houses with limited property rights and policy restriction make Houses with limited property rights inevitably a major issue related to people's livelihood. The harm to the interests of people attracts great attention from the higher management. Whether it is legal or not depends on whose interests wins the game. Houses with limited property rights has to face risks in development, transaction, property and security, that is, it cannot be publicly traded, can not apply for mortgages, can not be inherited, and cannot fight against the government's land acquisition and resettlement. It also reflects deep-rooted problems in the rights to use rural collective construction land, the household registration system and civil freedom of movement and choice of place to live.The Central Government and relevant departments have issued a series of regulations and policy on Houses with limited property rights when it keeps spreading and illegally traded, which not only control the development of Houses with limited property rights in macro way, but also regulate and restrict the building or selling of Houses with limited property rights. At the mean time, The Central Government and relevant departments require government in all levels to strictly restrain, solely investigate and severely punish the case of Houses with limited property rights according to the law. In those cities with prominent Houses with limited property rights problems, local governments and relevant departments are also trying to regulate it and have announced a ban on developing Houses with limited property rights, a notice on the risks of purchasing Houses with limited property rights or other prohibitive regulations successively. However in overall, current macro-control policy and the micro-regulation policy did not yield the expected results. The social regulatory policy on Houses with limited property rights is obviously inadequate, because of farmland protection, livelihood improvement and farmer rights protection. The implementation of regulations and policies often encounters countermeasures. To some extend, some policy implementation by some local governments seems looser, which is a good reference for exploring the solution to Houses with limited property rights problem.At present, most studies on the policy of Houses with limited property rights conducted in the academic are either from the perspective of land policy or from the perspective of housing policy. Some studies have advocated the recognition of the legitimacy of Houses with limited property rights development and trade. Some studies are in favor of limiting or banning it. Some studies advocate the legalization of trade-offs, but not commercialization. Most studies suggest to treat Houses with limited property rights in different areas in different ways. The suggestion of Legalizing Houses with limited property rights is based on solving the difficulty in urban housing, or based on considering the issue of resource availability, and based on examining the adequacy of laws and regulations. The suggestion of banning the trade of Houses with limited property rights is based on the protection of farmland and food security, or focused on farmers' long-term livelihood, or reaffirmed the existing authority of the laws and regulations. All these suggestions are not sufficient to cure the complex problem of Houses with limited property rights.Since Houses with limited property rights problem is already far beyond the single issue of the legal, political or regulatory level, it is a comprehensive social problem. Therefore, it requires a high degree of political wisdom and adequate regulation policy to properly solve it in legal, political and management way.From the legal prospective, this problem can be solved in following ways:Firstly, follow international general rules and redefine constitutional rights, such as the civil rights to freely move and the housing rights in the Amendments to the Constitution of People's Republic of China.Secondly, refer to the Law of Property Law for protecting purchased houses' property rights and issue the Law of Housing or the Law of Housing Security to protect housing rights of those who do not have properties.Thirdly, update Land Administration Law of the Peoples Republic of China, Law of Land Contract in Rural Areas of the Peoples Republic of China, the Administrative Urban Real Property Laws of the People's Republic of China, The Town and Country Planning Act of the Peoples Republic of China and its supporting regulations according to the change of time and environment.From the political prospective, this problem can be solved in following ways:Firstly, in the framework of laws and decision-making process on Houses with limited property rights, interest appeal channels and public opinion expression channels should be constructed in order to effectively and fully reflect public opinion and integrate demands of their interests;Secondly, government must pay attention to the participation, cooperation and co-management of all parities of Houses with limited property rights.Thirdly, government must protect and balance the interests of all parties regarding Houses with limited property rights, properly address conflicts of interest and avoid potential conflicts from causing social instability.From the management prospective, this problem can be solved in following ways:Firstly, change household registration system into housing system and allow urban and rural residents freely choose their residence and domicile; Secondly, change the rural land contract system into permanent tenancy system and give rural residents real estate, while establishing and perfecting collective construction land transaction and development mechanism covering county homestead in order to increase rural residents' property income;Thirdly, strictly control and regulate government land acquisition and allow rural residents to participate and run land of non-public welfare projects outside town and county construction land according to the law.Fourthly, reconstruct urban and rural housing development and supply model, legalize planned Houses with limited property rights after examination and integrate them into the legal housing supply and development system.