The Research Of The Houses With Limited Property Right

The houses with limited property right is a kind of houses on collective land in rural and suburban areas, certificated by the township (town) government or village committee. It is developed separately by the government or the collective economic organizations or developed jointly by the government or the collective economic organizations and real estate development enterprises, which can sale、rent and practice commercial activities by oriented people outside the collective economic organizations by the township (town) government or village committee. The feature of the houses with limited property right includes four:Its construction land is belonged to the collective land; Its property and power is incomplete; its purchaser is this outside collective economic organizations and its price is cheap. The houses with limited property right can be divided into different categories according to different standards.The paper expounds the internal and external cause of the phenomenon of small property right that the urban and rural dual land ownership is formation of small property right the root cause of the phenomenon. At the same time, the paper analyzes the legal circulation obstacles of the houses with limited property right, disadvantages of China banned the circulation of the houses with limited property right and the legal circulation necessity of the houses with limited property right In the paper, the author analyzes some local governments in China to explore the legalization of small property right circulation, for example Beijing, Guangdong Province, Chengdu and Shenzhen through some cases.At last, the author proposes that the paths of constructing small property right legal circulation can adopt the principle:"The Different Treatment, Progressive", but also conforms to the basic conditions, for example, the legal system. The conditions mainly includes:gradually changing urban-rural dual land ownership; cancelling urban and rural binary census register system; perfecting rural social insurance and welfare system; establishing rural land appraisal and income distribution system, establishing small property right legal circulation price mechanism, conforming a country cultivated land protection policy and the whole city construction planning, etc.