Analysis Of The Issues Of Houses With Limited Property Rights From The Perspective Of Law And Economics

In the 90s of last century, in the urban fringe and near the outer suburbs of many cities, houses with limited property rights started to appear; after this, in many cities, with the rapid progress of urbanization in China and the gradual expansion of housing commercialization, the developer of houses with limited property rights began to carry on in increasingly large-scale. Today, it is difficult to curb the trend of the developer of houses with limited property rights. According to Chinese current laws, houses with limited property rights do not have the legitimacy. Because of this, the developer of houses with limited property rights has evoked a lot of problems. These problems can not be resolved under the existing legal system of land. Even though relevant government departments have issued a series of bans on the developer of houses with limited property right and notices on the risks of purchasing houses with limited property rights, these initiatives did not achieve the desired results. It is the evidence of this that in many cities the developer of houses with limited property rights still conduct into the existence of discrete.Recent years, with the issues of houses with limited property rights becoming increasingly enlarged, complex and acute, it has been one of the hottest social issues and it has attracted plenty of attention from media, academics, developers and the general publics. For the issues of houses with limited property rights, firstly, this paper will define houses with limited property rights; then, analyze the causes of the issues of houses with limited property rights from the perspective of law and economics and put forward the path to solve the issues of houses with limited property rights. This paper consists of the following four parts:The first part:we need to precisely define houses with limited property rights and clarify its connotation and extension. Firstly, this part will introduce the definitions of property rights from domestic and foreign scholars and three of houses with limited property rights defined in the more prevalent, and integrate these ideas and propose the definition of houses with limited property rights; then, to clarify its extension, according to different classification criteria, we will classify houses with limited property rights; at last, we will analyze the relevant provisions of relevant laws, regulations and policies about houses with limited property rights and clarify the legal status of houses with limited property rights. This part will provide a theoretical basis of analysis of the legal issues of houses with limited property rights and deal by category.The second part:we will simply analyze the legal issues of houses with limited property rights and the scale of the development of houses with limited property rights. Firstly, simply analyze the development status of houses with limited property rights from its the scale and the model of development, regional distribution and the status of property services; then analyze many legal issues of houses with limited property rights leading from their illegality.The third part:this part is the core part of this paper. In this part, we will analyze the causes of the issues of houses with limited property rights from the perspective of law and economics, focusing on the analysis of the interests of their games, the analysis of their cost and prices, the analysis of supply and demand and the analysis of their externalities. Trough the above analysis, we will explain the source of the law and economics of the causes of the issues of houses with limited property rights and clarify the essence of the issues of houses with limited property rights and its root causes and the rationality and necessity of the existing of houses with limited property rights from the perspective of law and economics. Then, we will explicitly recognize this:in essence, houses with limited property rights are the product of interest Game among relevant stakeholders around the distribution of interest of land value, under the current land law system; and the issues of houses with limited property rights lead from the urban-rural dual structure of land. This structure has plenty of negative externalities. Therefore, to solve the issues of houses with limited property rights from the roots, we need to transform China's current urban-rural dual structure of land and reconstruct China's current legal system of land.The fourth part:we will propose some specific the paths to solve the issues of houses with limited property rights. First, in order to solve the issues of houses with limited property rights from source, we will build free flow mechanism of the rights to use of collective construction land, mainly from the subject system, circulation mechanism and regulatory mechanism to change China's current legal system of land. Then, as for the solution to the issues of the existing houses of houses with limited property rights, we will make suggestions to deal with them by category. We will put forward some specific ideas to solve the following three types of houses with limited property rights:built on agricultural land; self-built by farmers and sold to urban residents; built on idle housing land and sold to urban residents.