A Study On The Legal Dilemma And Countermeasures Of "Limited Property House" In Rural Areas

The problem of "houses with limited property rights" is a big one that concerns many urban and rural people to live and work in peace and contentment.Because of the existence of the urban-rural dual land system in China for a long time,the rural collective land has not played an important economic value.Under the situation of surging urban population and high housing price,"limited property houses" came into being,which effectively alleviated the housing problem of low-income people in cities and played a certain role in the appreciation of rural land.However,the "house with limited property rights" is inconsistent with the existing laws and regulations,such as the land management law,urban and rural planning law,and violates China’s land use control,construction land must use state-owned land provisions.In the daily land and construction law enforcement,local land administrative organs and real estate management departments neglect the management and supervision,making "houses with limited property rights"already rampant.General Secretary Xi Jinping in the opening report of the 19th CPC National Congress,in the fifth part "to carry out new development idea,construction of modern economic system",put forward to implement the strategy of rejuvenating the country,emphasize agriculture rural farmers problem is a fundamental problem in the national economy and people’s livelihood,must always solve problem of "agriculture,rural areas and farmers" is the work priority.We need to deepen reform of the rural land system,deepen reform of the rural collective property rights system,protect farmers’ property rights and expand the collective economy.Under the background of the central policy,it will have profound theoretical and practical significance to fundamentally solve the problem of "limited property houses".This paper classifies all kinds of "houses with limited property rights" and studies the formation reasons of "houses with limited property rights" from four aspects:economic root,political root,social root and legal root.Then it analyzes the necessity of solving the problem of "limited property houses",and analyzes the influence of "limited property houses" on rural economic development and the influence of "limited property houses" on legal construction.Article core part,and puts forward the solve the problem of "limited property right" the existence of legal difficulties,the current land management,urban and rural planning,real estate management law and other laws are rules,real estate development,such as the use of state-owned land,construction land for rural land development and construction,the lack of corresponding provisions,legal obstacles is the fundamental obstacles to solve the problem of "limited property right".Finally,this paper puts forward the countermeasures to solve the problem of "limited property right house".Hope by modifying the relevant legal countermeasures,classified according to the nature of the "limited property right" disposal countermeasures,"limited property right" dispute countermeasures of judicial judgment,to solve the problem of the "limited property right"the legacy before,for the next step to realize the integration of urban and rural planning,development,laying a foundation for building new socialist rural areas.