Legalization Of Small Property Right Transfer Of Legal Problems

Houses with limited property rights have become the focus discussed by the public in recent years. Such house is not a legal concept, it is a conventional appellation. It can not obtain the certificate of housing property issued by the state, which can only obtain the property certificate issued by township government or village collective organization.The system reason of such issue is the inequality of the legal position between national land ownership and collective land ownership, and that the ownership of collective construction land ownership can not freely flow in land market under the legislative model of house-land integration and within the framework of urban-rural land dual structure. As per the regulations of Land Management Law, such house has no legitimate space. However, after wearing illegal cap to such house, the state has no other way to it, and the development momentum of such house has been increasing even more. Thus it can be seen that the current method of China on disposing such houses is not effective. This paper attempts to propose the legal countermeasures on the governance of such houses by carrying out panoramic exhibition on its historical evolution and development status, and drawing usefulness from the policies of various areas in governing "houses with limited property rights" combining with the theoretical analysis of law.The first part introduced the overview of such houses, including its concept, type, origin and influence. The analysis on the positive effect and negative effect of houses with limited property rights can lay basis for the legitimate flow of such houses in the following.Combining with important factors such as the development scale, main type and the overall situation of real estate market of houses with limited property rights in Nanchang, the second part analyzed the necessity and feasibility of standardizing its legitimate flow.Starting from distinguishing such houses with different natures from the two aspects of procedure and essence, the third part proposed to offer different governance methods.