Study Of The Legalization Of Small Property Right "

China adopts the Urban and rural land binary ownership. In principle, any units and individuals in our country need the land to construct some things, he must apply for the state-owned land.China's rural economy is relatively backward, in order to push our country's overall rapid economic development and provide a greater degree of protection of basic living of rural farmers, China's current legislation prohibits the rural collective land transfer to non-rural collective. However, our country's useful land resources scarce increasingly, and the city's house prices are rising, housing needs of urban and rural residents in China are also rising, these factors promote many urban residents to purchase the"small property"building on the rural collective land, and to get a certificates of real estate issued by the township (town) governments.Although the state administrations again issue documents to stress the "small property" is illegal building and it won't be protected by our law, our city's residents are prohibited to buy the "small property" in rural, the enthusiasm to purchase the "small property" still can not stop, "Small property"develop in an unprecedented pace to the scale of the development path. Relevant administrative departments in China have been working to resolve "small property" issue, but as yet failed to take reasonable and feasible solutions.Based on my attention and consideration about our country "small property" issue, this paper attempts to analysis the fundamental reasons and the status for the development of the "small property" and so on, and on this basis, I want to propose solutions to China's "house property" the feasible ideas.This paper consists of four parts. The first part describes the basic conceptual issues about the "small property", such as the definition and the characteristics and the types and so on; the second part will analyze the internal structure factors and the external social factors to find the fundamental reasons for the development of "small property"; the third part will describe the necessity to make "small property" legalization and significance of legalization; At the last part, based on the setting forth about the necessity to make the "small property" legalization, I will try to find the solutions about the issue of the "small property", draw on the existing reforms in Guangdong, Chengdu, Tianjin and other places, I will propose to make the rural collective construction land use right transferring literately to solve the "small property" on the specific programs.