Theoretical Analysis And Feasibility Research Of The Transition Of Housing Of Restricted Property Right To Social Security Housing

Recently, with the development of real estate market, there emerge more and more houses of inadequate property right in urban-rural fringe zone."Houses of inadequate property right" are those built on rural collective land whose ownership certificate is authorized not by the state administration but by governments of the town level or even a village committee. Hence the name "houses of restricted property right.’There are various historical and economic factors accounting for its emergence, and its solution is imperative for the government. A number of measures have been proposed, such as demolishment and reconstruction with a firm hand, after payment of land-transferring fees in exchange for the state administration’s recognition, and a reasonable allotment of property right between the government, the village collective economic entity and the individuals involved. All these suggestions shed light on the difficult problem, however, in reality, the problem remains unsolved.This thesis is carried out in the city Nanjing, and uses strategies of property economic analysis, survey, and statistical analysis, aiming to achieve a new approach to the restricted property right house problem, that is, turning them into social security housing for lower-income people. On one hand, according to the equality principle established in the property theory and legislations like Property Law, the collective land to which restricted property right houses are attached to, in theory, enjoys equal rights with state-owned land, such as full land use transfer right. On the other hand, given the extreme complexity and concrete situations of each and every restricted right house, in practice, it is advisable that those houses which satisfy the conditions of overall and local planning be the first batch to be transferred into social security housing. At the end of the thesis a piece of suggestion is offered that while strictly prohibiting new houses of restricted property right, existing ones should be respectively treated according to their nature and the formulation of related laws and policies as well as departments are desirable.