Study On Legal Regulation Of Houses With Limited Rights

Houses with limited rights have been in china for many years, which are numerous, widely spread, and involved in a lot of complicated problems. In systematic reasons, it refers to our unique urban and rural land structure and housing security system; on the other hand, it concerns many interest groups including the government, developers, village collective organization and villagers. The debate about the illegality and legality of the houses with limited rights in the academic has not been ceased. But in recent years, the attitude of government on the houses with limited rights began to be clear, who released relevant policies to limit the development and sales of houses with limited rights gradually. This February, the land and resources department stated that our country would select some cities for experimental units to clean up houses with limited rights. Therefore it is no doubt that houses with limited rights are illegal. But recently, the deficiency of the legal regulation on houses with limited rights in many aspects is very clear which needs to perfect not only in legislative practice, but also in legal provisions and specific regulatory measures. Therefore, it has a great practical significance to study the legal regulation of houses with limited rights.This paper will study on houses with limited rights without changing our unique land system and adopt comparative analysis and benefit analysis for the main methods. Through introducing the legal regulation of commercial housing and affordable housing, it receives some enlightenment on the legal regulation of houses with limited rights. Then it analyzes the current legal regulation in detail and explores the existing deficiency in it. On the basis of these studies, the paper makes pointed references to the perfect proposal of the legal regulation of houses with limited rights. The specific content of this paper can be summarized as follows: Through defining some related concepts, describing their characteristics and analyzing some reasons for the establishment and development, this paper expounds some basic questions about houses with limited rights. Then it introduces the legislative practice and specific provisions of commercial housing and affordable housing, summarizes the experience of the legal regulation on these two housing, from which it will receive enlightenment of the legal regulation on houses with limited rights. And then it cuts in from the concrete legal rules, analyzes the illegality of houses with limited rights in detail, explores the shortcomings of the current legal regulation of houses with limited rights. Finally, directed against these issues and based on the enlightenment from the legal regulation of commercial housing and affordable housing, it proposes some perfect suggestions to the legal regulation of houses with limited rights.