制度视角下的小产权房问题研究

发布时间：2019-06-21 18:04

【摘要】：小产权房是指在农村集体土地上建设并且进行销售的房屋，，其销售对象是本集体以外的成员，产权证明也由乡镇政府颁发。小产权房作为没有合法手续的房屋，近年来规模却不断的壮大，政府多次下达指令不得出售或买卖小产权房都没有得到良好的效果。小产权房的存在不仅破坏了城市规划，同时也影响了房地产市场的正常运行。近年来，小产权房问题已经成为我国政府必须要面对而又难以解决的难题，可是随着经济的发展，商品住宅居高不下房价的日益攀升已经完全超出了一部分城市居民的承受能力。小产权房以其低廉的价格进入购买者的眼帘，人们只需付出商品房一半的价钱就可以买到同样大小的房屋，实现自己的愿望。小产权房产生和发展壮大的原因是多方面的，商品住宅居高不下是导致小产权房产生的直接原因，而我国特有的各项制度才是小产权房产生的根本原因，二元土地制度导致同地不同权，进而农村集体和农民与政府之间发生了一系列的利益博弈，甘愿冒着触犯法律的风险进行小产权房的开发；与二元土地制度相配套的户籍制度也使得城市居民与农民在各种福利享受中存在天壤之别，城市化的快速发展，许多集体土地被给予较低的征收补偿金后高价出让，农民无法享受土地增值带来的收益，甚至于失地后生活得不到保障；政府征用，占地补偿却无法满足农民生活，此时小产权房所带来的利益正好能满足农民生活。虽然政府三令五声的要求不得买卖小产权房，但现行的法律制度中的相关规定已经不适用于现在的经济发展形势，使得在处理小产权房时存在着种种障碍。要走出小产权房困境，“控制增量，解决存量”是一个基础的方向，只有进一步的改善我国的住房保障制度，消除二元结构，加强城乡建设规划管理、土地管理，才能彻底解决小产权房问题，维护社会的稳定，促进经济的发展。
[Abstract]:Small property right house refers to the house built and sold on the rural collective land, the object of which is a member other than the collective, and the certificate of property right is also issued by the township government. As a house without legal procedures, the scale of small property right house has been growing continuously in recent years, and the government has issued orders many times not to sell or buy and sell small property right house. The existence of small property rights not only destroys urban planning, but also affects the normal operation of the real estate market. In recent years, the problem of small property right housing has become a difficult problem that our government must face and difficult to solve, but with the development of economy, the rising high house price of commercial housing has completely exceeded the affordability of some urban residents. Small property houses with its low price into the eyes of buyers, people only need to pay half the price of commercial housing can buy the same size of the house, to achieve their aspirations. There are many reasons for the emergence and development of small property right house. The high commercial housing is the direct cause of the emergence of small property right house, and the unique system of our country is the root cause of the emergence of small property right house. The dual land system leads to different rights in the same place, and then a series of interest games have taken place between rural collectives and farmers and the government, willing to risk the risk of violating the law to carry out the development of small property right house. The household registration system matching with the dual land system also makes the urban residents and farmers in a variety of welfare enjoyment is very different, the rapid development of urbanization, many collective land is given a lower collection of compensation after high price transfer, farmers can not enjoy the benefits of land appreciation, and even after the loss of land life can not be guaranteed. Government expropriation, occupation of land compensation can not meet the lives of farmers, at this time, the benefits of small property rights can just meet the lives of farmers. Although the government has repeatedly ordered that small property houses should not be bought and sold, the relevant provisions of the current legal system are no longer applicable to the current economic development situation, which makes there are various obstacles in dealing with small property rights houses. In order to get out of the predicament of small property right house, "controlling increment and solving stock" is a basic direction. Only by further improving China's housing security system, eliminating dual structure, strengthening urban and rural construction planning management and land management, can we completely solve the problem of small property right house, maintain social stability and promote economic development.
【学位授予单位】：山西财经大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：F299.23

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