A Study On The Legitimacy Of Small Property Right Housing In China

Nationwide, especially in medium-sized cities and their suburbs, thetransformations of the buildings under various names have appeared. And the mostcommon is the new rural construction, the transformation of villages and so on."The Houses with limited property rights" are those houses sold by some villagecollective organizations or developers in the name of the new rural construction, theymay be built on collective land or “commercial houses”, organized and built by thefarmers themselves. The houses with limited property rights feature the following:The first, they cannot get the state land use permission and building ownershipcertificates; Second, they run outside of legal protection; Third, they have theadvantage of low prices; Fourth, they are the construction of houses on collective land,including those houses built on the collective homestead land, as well as some of theillegal occupation of arable land for housing construction. On the basis of theory anddrawing on the research results, we must recognize our national conditions--ourcountry is in the primary stage of socialism. Knowing all of this, we have to putforward some constructive suggestions to make the houses with limited propertyrights lawfully enter the circulation.“The Decision” provides that “In the premise ofcompliance with planning and control purposes, it allows the operation of land selling,leasing, and sharing of the rural collective construction, the implementation of thesame market as the state-owned land, with the same right and the same price. We areabout to narrow the scope of land requisition, to standardize land acquisition program,to improve the mechanism to be reasonable, standardized, multi-protected to thefarmers.” It is the government policy on land reform, and it has totally changed theserious scene in the past where the use right of the collective owed-land still could notbe sold, transferred or leased for non-agricultural construction, where it was still moredifficult to enter the market for the trade for the houses with limited property rightsand with the same right but different interest between them and the city land. At thesame time from the perspective of the law of the market economy, this phenomenon is the inevitable product of the market economy. In the context of compliance with thelaws of economic development, it is a necessity and feasibility for the houses withlimited property rights finally getting legalized.There is a big controversy in the theorist about how to deal with the houses withlimited property right, but in practice it is quite complicated processing. Currentlysome solutions proposed feasible include:1, Bring the houses with limited propertyrights into the housing security system;2, According to “the Decision” on the ThirdPlenary Session of the eighteenth, legalize the houses with limited property rights bypaying related taxes and fees of the land selling. Anteriorly in the practice all over thecountry of dealing with houses with limited property rights, most of the approacheswere taken by forced removal, there are also houses with limited property rightidentified as ill-gotten gains and have gotten confiscated. These measures are only atemporary solution. The houses with limited property rights form “illegitimate tolegitimate is the big trend”. Even if it was illegal, it is also a reconciliation as thegeneral trend of reforms in some of the original unlawful things becoming lawful,“itis nothing more than part of the farmers to get some benefits, the reform should notonly care so much about the pros and cons”. In full understanding of the policy of“the Decision” in the Third Plenary Session of the eighteenth, this article give such aproposal to allow the houses with limited property rights to transfer and to build aplatform for them to help the parties deal with related legal and economic problems.This article will clear the legalization of the circulation of the houses with limitedproperty rights from the point of the law, and will also demonstrate the legalization ofhouses with limited property rights on the basis of the foundation, the law and theempirical research.