Other Abstract | The small property right room since the nineteen ninties started at the beginning of the real estate market in large numbers, government departments on the illegal construction shall be consistent with. Now almost all of China's big city there are small property, high profits of the housing of small property right, attracting a large number of interest groups, developers, the village committee, property buyers are involved. However, for the problem of property rights of small property room, only to be recognized in a certain range. That is characteristic of no real, does not enjoy the basic right, is not affected by the "protection of the law", there is no disciplinary powers. But because of the small property right room relates to many groups, the objective existence and has formed to solve the housing of small property right must be cautious, otherwise, most likely caused by unstable factors.
Through the analysis of the housing of small property right background, highlight the reasons with the main academic point of view, analyzing the social reasons of small property right problem generated; through the analysis of relevant legal system of land, the existing provisions of the law, especially the land for rural residential land, construction, combined with the current rural status, reasons for system small property right problem; analysis based on the reasons above, focuses on the "seller's market behavior of small property room" huge analysis, using the method of game analysis of law and Economics on land market, analysis of various stakeholders, such as central government, local government, collective economic organizations, members of the collective economic organizations in rural areas the land market in the interests of the game, to determine the size of current land system on the behavior of the guiding role, to solve the housing of small property right through the reform of collective land circulation system, demonstrates the feasibility of circulation of right to use collective land system. |