论小产权房的合法化问题

发布时间：2018-03-24 06:32

本文选题：小产权房　切入点：合法化　出处：《扬州大学》2015年硕士论文

【摘要】：2015年3月1日起开始实行的《不动产登记暂行条例》再一次引发小产权房合法化的纷繁热议,小产权房也再次成为新闻媒体的头条骄子。小产权房一般是指在农村集体土地上建设的房屋,未缴纳土地出让金等费用,其产权证不是由国家房管部门颁发,而是由乡政府或村政府颁发,亦称“乡产权房”。“小产权房”其实不是什么法定概念,而是人们在社会生活实践中形成的一种约定俗成的称呼。该类房产没有国家发放的土地使用证和预售许可证,购房合同在国土房管局不会给予备案。近儿年来小产权房数量逐渐增多,价格也逐年见涨,巨大的利润空间促使更多的小产权房横空出世,但是,我国特有的土地制度导致了小产权房地位的尴尬处境。小产权房在我国的出现是有其特殊的制度、经济背景的,其造成了诸多的社会矛盾和后继问题。为了社会的稳定和发展,我国政府不得不尽快想办法解决。但是,如何妥善的处理小产权房,又是全部社会最为关注的核心。因其置身于法律的灰色地带,又牵涉甚广,所以对其的处理也必须慎之又慎。本文全文有以下五个部分构成：第一部分为导论,主要简述一下对“小产权房”这个名词的理解,小产权房的历史由来,以及其概念和基本特征。第二部分则论述了小产权房自出现以米带来了一些社会矛盾及利益冲突。主要表现在政府和农村集体之间在土地流转过程中产生的利益冲突,土地开发过程中的利益分配的冲突。通过这些利益剖析,说明小产权房的问题必需解决,亟不可待。第三部分主要阐述目前社会形势下对小产权房的研究价值,以及我国目前对小产权房问题的研究现状。第四部分和第五部分是本文的主体部分。本文作者观点是建议将小产权房进行合法化,因此在第四部分着重进行小产权房的合法化理由分析。第四部分分为两大模块,分别从理论层面和社会现实层面分析了对小产权房合法化的必要性。至于第五部分,则是笔者对于小产权房合法化的一些看法和建议。提出小产权房进行合法化的可行性路径,简单阐述了自己认为小产权房合法化途中相关保障机制的一些建议。期待小产权房的问题能够得到合理公正的解决。
[Abstract]:The interim regulations on the Registration of Real Estate, which began to be implemented on March 1, 2015, once again triggered a heated debate on the legalization of small property houses. Small property houses have once again become headlines in the news media. Small property houses generally refer to houses built on collective land in rural areas. They do not pay fees for the sale of land, and their property rights certificates are not issued by the state housing management department. Instead, they are issued by the township government or the village government, also known as "township property houses." "small property houses" are actually not a statutory concept. It's a form of social practice. These properties don't have land use certificates or pre-sale permits issued by the state. The contract to buy a house will not be put on record by the Land and Housing Administration. In recent years, the number of small property houses has gradually increased and the price has also increased year by year. The huge profit margin has prompted more small property houses to come out of the world, but, The unique land system of our country has caused the awkward situation of the status of the small property house. The emergence of the small property house in our country has its special system and economic background, which has caused many social contradictions and subsequent problems. For the sake of social stability and development, Our government has to find a solution as soon as possible. However, how to properly handle small property houses is also the core of most concern in the whole society. Because they are in the gray area of the law, they also involve a wide range of people. Therefore, we must also be cautious in dealing with it. This paper has the following five parts: the first part is an introduction, which mainly describes the understanding of the term "small property house" and the historical origin of small property right house. The second part discusses some social contradictions and conflicts of interest brought about by the appearance of the small property right house in the process of land circulation, which is mainly manifested in the conflict of interest between the government and the rural collectives in the process of land circulation. The conflict of interest distribution in the process of land development. Through the analysis of these interests, we can see that the problem of small property houses must be solved and cannot be solved. The third part mainly expounds the research value of small property houses under the current social situation. The fourth and fifth parts are the main part of this paper. The fourth part is divided into two modules, which analyze the necessity of legalizing the small property house from the theory level and the social reality level respectively. As for the fifth part, It is the author's views and suggestions on the legalization of small property houses. The feasible way to legalize small property houses is put forward. This paper briefly expounds some suggestions on the safeguard mechanism related to the legalization of small property right houses on the way, and looks forward to a reasonable and just solution to the problem of small property houses.
【学位授予单位】：扬州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.2

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