Problem Research With Limited Property Rights

With the house prices gradually rising and staying in a high level in recent years,and during the era that people can’t afford to buy a house or buy a house onmortgage, houses with limited property rights have been the focus of the discussion.The center of the discussion is always tightly connected with real rights, land userights, the housing living rights and interests, illegal building, people’s livelihoodand so on. The issue of how to properly deal with the houses with limited propertyrights, has a great effect on people’s livelihood, is also a key project for sorting thecharacter of some legal questions, such as land use rights and the relationship oflaws in levy, etc. under the existing legal framework.Appearance of the houses with limited property rights has the needs of thetimes, and its emergence and development have certain positive significance. Tosome extent, it restrains the rapid expansion of prices of commercial residentialbuildings and makes a part of people who have rigid demand but fail to afford theprice can afford to buy houses and live in. But it has huge negative impact,occupying collective land or house sites and evading taxes,as well as the interests ofbuyers is in the illegal relationship so that cannot be guaranteed. And theseaforementioned conditions once appeared, it would threaten the social stability andso on. According to Land Administration Law of the People’s Republic of China,houses with limited property rights are qualitative, and there is no solution by laws.It’s an inevitable topic to perfect the property rights system, keep sound developmentof national economy and guarantee people’s interests as well, about how to bring upimprovements for the way to deal with houses with limited property rights. Yet theproblem of Shenzhen is a epitome of the rapid development of urbanization in ourcountry, and there would exist more and more problems like that. It is the top priorityto solve the problem of houses with limited property rights about how to handlehouses with limited property rights problems with Shenzhen characteristics.Relevant data show that, Shenzhen could provide only59square kilometers area for newly increased buildings in the next decade. And the land, the issue rooted inhistory, which has been developed, occupies an area of300square kilometers. Onlyto make good use of this part of the land, it could be a good way to mitigate thesituation of the high housing prices.After the twice rural urbanization in Shenzhen, houses with limited propertyrights did no longer exist. At present, Shenzhen exists illegal and non-standardunified construction buildings, which were constructed by former rural collectiveeconomic organizations. Due to the former rural registered permanent residence staffin the whole city have already transformed into urban resident, the ruralcollective-owned land has been turned to state-owned, the ownership of landstructure has changed, and the land rights have changed, the land rights and interestsof the entire Shenzhen was from a dual structure that the land was owned by the stateand the village collective to unitary structure that land is owned only by the state,which is the issue rooted in history. Although all the lands in Shenzhen city de jurehave already pasted the label of state, it is complicated to deal with that the issuerooted in history hasn’t been included by state-owned procedure. On one hand, landis bound to be expropriated, but how to calculate housing compensation? To whom?Those directly reflects affirmation whether the building ownership rights holderlegal or not in law. On the other hand, the way to affirm the house, whetherdismantle or not, how to guarantee the substantive right of the people who havealready bought private houses so as to transit steadily? The focuses of theseproblems point to the government-leading and concerted levy.This thesis is based on houses with limited property rights with Shenzhencharacteristics, explaining and analyzing on the principles and standards ofgovernment-imposed compensation, and is trying to find a rational solution.