Legal Countermeasures Of Limited Property Rights Management

In China, the small property house occupies1/5of the total housing construction area. Witha huge stock and continued rapid development, the small property house is excluded from thelegal regulation because it’s illegal, resulting in housing quality problems, unreasonable benefitdistribution, the lack of clear legal provisions to settle disputes.The illegality of small property house derives from the land its developed is the collectiveland, which is prohibited from large-scale, commercial housing development and construction.This thesis attempts to put forward legal countermeasures of small property management,describing its history and current development. This paper uses the theory of law, economics,value position and Game Theory, and critically takes advantage of the thoughts of legalizing thesmall property.The first part begins with the concept of small property, which means that the property withor without approval or permission of governments, village organizations at all level, built in thecollective land at large-scale, commercially, but is sold to the outsider of the collective economicorganizations. Through the analysis of legality and reality in three different phases,1978to1998,1998to2004,2004, the paper sums up the characteristics of the small property, and makes anoverview of its evolution.According to the current small property development scales, the main types and the realestate market overall situation and other important factors, the second part reveals thecomplexity of small property market, further analyzes the local government’ s experience andlessons in small property management.The third part critically absorbs the thoughts of legalizing the small property, finds thenature of the problem from many perspectives, and determines the basic legal countermeasuresof the small property management, using the classic theory of law value order theory, law andeconomics, case analysis in all judicial practice and other analytical tools.The fourth part summarizes the principles of court leading, differential treatment and endingthe current legal system, which run through the small property management. It proposes thatsome regulations should be revised to establish the definite judicial leading system. It also makessome suggestion for the future investigation into the small property.