Study On The Analysis Of The Real Problems And Countermeasures Of Small Property

The housing of small property right in the market has experienced a rapid development of China’s real estate market, flourish. The small property right house in recent years as a hot topic, are mentioned constantly, heat is not decreased.The country give repeated orders and injunctions even remove the part of illegal construction of the small property right room, but the development of the housing of small property right but from the sparks of fire gradually into a potential, the small property right room there is a complicated social phenomenon, its reason is in many aspects:Reasons of the social reality, such as the government supervision of the land, the lack of strong market demand, the intrinsic interest of small property housing market development driver; a reason of legal norms, the current law of our country collective land for construction built housing sales contract is not clear, cause the market of small property rights to survive and develop, in the legal crevice; also because of the structure of system, such as unreasonable in urban and rural areas two yuan of land system, land security function of excessive and enhancement of our country is still not perfect. But the most fundamental reason, I think it is at present two yuan of land system, farmers have land resource is difficult to benefit, a serious imbalance in the land requisition compensation can not conceal his peasant collective land meager and state-owned land in land revenue.The development of small property housing market confusion are reflected in the judicial practice, because there is no clear legal norm guidelines, small property dispute in the judicial practice, showing a variety of the ruling, which is not conducive to the building of the credit society, is not conducive to the healthy and orderly development of the real estate market.Behind the development of the housing of small property right market is intertwined with the conflict of interest many, have a conflict of interest between real estate developers and the public, the conflict of interest between conflict, collective and farmers’between the government and farmers.The development of small property room is the "block" or "Shu", or "blocking","Shu"?This paper points out that in view of the existing small property room, to distinguish between land its established respectively, based on agricultural land of the small property rights, for the protection of national food safety point of view, must be resolutely removed, and for the construction land and other land for construction of the small property right room, as long as it meets requirements the planning of urban and rural development, should be given to register, allowing the free transfer.But to solve the problem of room of small property right, the most fundamental is to speed up the reform of the system, including clearing collective land ownership, the establishment of community land management system, gives the manager the qualifications of a legal person, ensure that the collective land ownership by members of the land income, accelerate rural social security legislation, built perfect system of rural endowment, medical and poverty relief, to reduce the excessive dependence on land, establishing the system foundation for the collective construction land use rights transfer, the reform of the urban and rural two yuan land system, allowing the transfer of the right to use collective land, exercise be equal protection of state-owned land and collective land rights of farmers, in order to realize the value of this important property of land.The establishment of land benefits distribution system scientifically and rationally, to ensure that the collective construction land transfer proceeds to ensure the farmers living right of use.