Legal Issues Research On The Classified Disposal Of The House With Limited Property Rights

Small property discussed in this article refers to the construction of the rural collective land, sold to residents outside of the collective organizations, non-payment of related taxes, only the township people’s government or village collective organization issued by the relevant proof, no proof of ownership issued by the State houses. Small property is a product unique to China under the dual land system, promoting its booming and quickly spread main reasons:housing prices continue to rise, government control weakness and little success; China’s housing security system is not perfect; government regulation lax.Small property room is the beginning of a spark to the current prairie fire, although no legal prohibition against small property directly, but the State Department issued a series of policies and documents clearly show that the attitude of countries that prohibit small property, but a small property The spread of the potential has not been affected, but also intensified.Large numbers of small property, the society has had a serious negative impact on the security or the need to protect farmland from consideration, both in terms of response to small property needs to maintain the authority of the law, to protect the rights of farmers and buyers need to be processed.To generate a flood of questions, there is profound social reasons, small property is also true, so the treatment of small property, can not be as simple as some local governments across the board to take a demolition of this way, not only can not solve the problem, it is a serious waste of resources and the impact of social harmony and stability.This article does not change the current binary principle of land ownership, the determination of small property principles:the principle of optimal allocation of land resources, balancing public and private interests principle, the principle of respect for the history of favorable status quo. Turn to different standards for small property classification, to lay the foundation for the subsequent classification of small property.Chapter1:The reason the status quo small property and flourish. Describes the current situation and development trend of small property intensified, analyzes the reasons for the generation of small property and flourish.Chapter2:Basic types of small property room. Depending on the criteria for the classification of small property, for the fourth chapter of the small property disposition classification basis Chapter3:small property classification disposal necessity. Detailed description of the social harm small property wanton expansion generated by the clear necessity small property classification disposal.Chapter4: Specific measures small property classification disposal. Summed up the basic principles of small property disposition, on the basis of this principle on the classification of small property disposal were conceived and proposed supporting measures to curb the further spread of small property.