Small Property Right Trading Empirical Study

In recent years, with the accelerated process of urbanization and the rapid development ofthe real estate market, small property right scale unceasingly expands, to become one of the hottopics discussed by the society. Although country banned the sale of small property right in thepolicy, but the small property right can move freely and its legitimacy in the social from allwalks of life are still exist many disputes. The root causes of small property right is the Chinaunique land ownership, private ownership of land, because in a foreign country does not have thesmall property right problem, small property right is a kind of special social phenomenon inChina. The proper solution of the small property right problem, related to the fundamentalinterests of the masses of the people, for the great influence on the stable development of thesociety. Therefore, this paper mainly through the form of case analysis, in view of the smallproperty right transaction involves the sale and purchase agreement, discusses problems such asthe right to use house sites. Finally, in this paper discusses the small property right is facing allkinds of risk and the necessity of existence, further affirms to allow such houses the legitimatecirculation to the significance of social progress. Therefore, from the system reform, for theoptimization of small property right and to perfect the author puts forward his own suggestions.Small property right touches the peasantry, the urban residents, government, real estatedevelopers and other related parties to the main body of interests, has shaken China’s land policyand system, therefore, properly resolve the social conflicts brought up by small property righttrading, reform the legal and institutional defects, creatively solve the problem of small propertyright legitimacy has theoretical and practical significance. On small property right transactionshould be from a perspective of the policy and its support certain, as long as its development is areasonable guide, in practice, constantly adjust and perfect trading mechanism, and strengthenlegal supervision, the small property right trading activities is bound to be on China’s landsystem reform and economic development play a positive role in society.Not on small property right legislation of our country, this article through the analysis of thereal cases in the judicial practice and summary, and combining the existing academic researchresults, by using literature research, the methods of comparative analysis, interpretation, enumerate instance, analysis the problems and seek solutions. Through analyzing the realisticcases, in order to provide some thinking for the improvement of the small property right andoptimize.