Study Of Small Property Right Legal Issues

Small property right house has different meanings in different situations. The paper refers to meaning is constructed on farmers collectively owned lands by the farmers or town level governments who have the ownership of the lands. As the dual structure in urban and rural areas, it is characterized by its special territory, low prices, subjects of a large number, property defects. According to different standards, the paper enunciates the different kinds of small property right house.The practical reasons for development of small property right house are prices on the city of deformity, stakeholder-driven, inadequate social security houses and absence of monitoring the enforcement of land, and the systematical cause is the defect of land the legal system based on the dualistic structure in urban and rural areas, such as absent subject in land ownership, defect of land expropriation system. So, it reflect China's real estate market, the system of rural land, protection the interests of farmers which are facing many problems.This paper analyzes the legalization of small property right house based on the feasibility of the social basis of available, practical experience and legal basis, and has other beneficial effects, such as protection of cultivated land, inhibition abnormal growth of house prices, maintaining rights of farmers and buyers, speeding up the process of urbanization and so on. Finally, this paper approves the legalization of small property right house.Based on the premise that small property right house is legitimate, the existing houses should be treated differently. For providing theoretical and practical conditions which small property right house is legitimate, we should reform the land property right in rural area, establish and improve the right of land flowing in rural area, improve the land expropriation system, and maintain the basic principle of protecting cultivated land and improve affordable housing and so on. For achieving unified goal of urban and rural land, residence, social security, we should reform the differences household registration system between rural and urban.