The dilemma of the small property right house: a dismantling problem
source: JINGWAH times
newspaper special commentator Xu Lifan
under the supervision of the Ministry of land and resources, 32 illegal ancient quadrangles of the Jiangnan District, Huairou District, Beijing City, were forced to be demolished. According to the explanation of the Ministry of land and resources supervision in the early May, the waterfront south of the Yangtze River was included in the blacklist. It was built on the name of the new rural construction and sold the house of collective land in the name of renting. The demolition, let the 14 ministries and commissions are considering the fate of the small property right room to focus again.
strictly speaking, the small property house refers to the commercial housing built on the collective owned land. The construction of commercial housing on construction land for small collectives or individuals seeking rent is of course against the land management system. From the angles of safeguarding the dignity of the law, the credibility of the government and the long-term development of the economy, it should be cleared up. But the reality of small property houses is far more complicated. For example, how can farmers define the volume ratio of their own homestead and the sale of commercial housing? How to build commercial housing in abandoned land and unplanned land? In the first instance, the bottom line of land management has not been touched. In second cases, we have not only solved the housing demand, but also improved the utilization ratio of land. The complexity of the property rights of
determines that it is impossible nor necessary to create a unified national management mode. A compulsory one size fits all policy will cost huge social and economic costs. If all the small property houses are evenly split, on the one hand, the interests of the rents and houses in the name of the collective or individual will face a large amount of compensation litigation; on the other hand, the small property owners will be forced to return to each market from commodity housing to rental housing in a short time and raise the expectation of house prices to control the effect of the property market. The fruit is faced with an unexpected hedge risk.
urbanization process is too fast, and housing system and income distribution system reform can not follow up, so small property houses have mushroomed. The small property right house is the companion creature of urbanization, although it is reasonable to worry that the disorderly construction of the small property right house will affect the healthy development of the suburban and rural economy and the scientific advance of the urbanization process, but this can not be a full reason for the thorough negation of the small property right house.
in reality, it is a good way to control small property houses with the least cost and the least concussion. From the view of respecting the living rights of the inhabited and the small collective and the welfare rights of the farmers, according to the different nature of the small property right house, it is a scheme to be considered to clean up and recover the tax and fee and the government to buy back the three parties at a negotiated price. In addition to the need to clean up, other properties will be paid or repaid to the resident after the repurchase of the government. It can not only take serious legal decrees but also take full care of the reality, which is beneficial to the sequence of the small property right house to be managed by the government. The rent-seeking space that may arise in this process should be prevented in advance by detailed rules.
the small property right room has been corrected by
the special critic Qin Ning
since there is no property right, why do anyone build it or buy it? He had no one to manage, and no one to buy. Although the relevant departments are strict in wording, there is little thunder and heavy rain. And some people think, "who will give birth to a child?" The relevant departments will not also dare to dismantle and punish severely. In this context, the house of small property is becoming more and more intense. But obviously, no matter how big the scale is, no matter how high the opposition is, it does not change the embarrassing role of the small property right house, and it should not allow them to go on the world.
first, the small property house challenges the dignity of the current law. The sixty-third article of the land management law clearly stipulates that the right to the use of land collectively owned by peasants must not be transferred, transferred or rented for non-agricultural construction. The rural residential land belongs to the collective ownership, and the villagers have only the right to use the homestead, and the buildings they built can only be transferred within the collective members, and they are not entitled to sell to the urban residents. The tenth article of the Constitution stipulates that the land of the rural and urban suburban areas belongs to the collective except that the law is owned by the state and belongs to the collective ownership, and the homestead and the land and the mountain are owned by the collectives. In other words, urban residents do not have the right to buy buildings on the collective ownership of land, and the building of collective ownership is not a commodity house, even if it is purchased, it is impossible to obtain legal formalities such as "ownership of the house" "land use warrant" and so on. In addition, the urban and rural planning law and other laws and regulations also clarify this point.
secondly, the small property house challenges the bottom line of farmland. The spread of small property houses is a major factor jeopardize the bottom line of cultivated land. Driven by interests, some village level collective organizations and township governments have built up a small property right house without taking up good farmland. If we do not seriously clean up and ban, it will jeopardize the bottom line of 1 billion 800 million mu of arable land.
Third, once tolerating the legal existence of small property houses, it is easy for the powerful people to go to the countryside to encircling the land and to move the housing, causing the peasants to get into trouble. Many people believe that small property houses can relieve the pressure of high housing prices. In the face of high housing prices, the salaried workers must not buy relatively cheap small property houses. But a survey shows that people who buy small property houses are mostly "rich and idle" who have rooms and cars in the city. Once the legalization of small property rights is made, the most beneficial one is the rich class. Farmers can get a small amount of income on the surface. Once the housing and land are sold out, they will be easy to eat when they have no skills.
to the small property room to clean and banning of the lower heavy fists, early one day cleaning and banning will be less loss, otherwise it is easy to raise the tiger for a long time. At present, a lot of people have done the wind in the wind, regardless of the central government's three writ.