法社会学视野中的“小产权房”现象透视

Views of Law-sociology upon "Commercial Residential Buildings with Minor Title"

"小产权房"现象在我国出现并迅速蔓延,暴露出我国改革与社会发展进程中诸多深层次的社会矛盾,其本质上是一个农民平等权利保护、公权约束的问题,同时,还折射出法律的稳定性与法律变革、合法性与合理性等深层次的法理问题。"小产权房"现象启示我国必须实行法律变革、实现民主,并进而推进政治体制改革。

＂Commercial residential buildings with minor title＂ refers to those built on collective land in rural areas without formal certificate of property right issued by the government. The widespread transactions of such buildings have revealed a social contradiction between the reforms and social development in China. The nature of the phenomenon concerns not only with the protection of farmer＇s equal right and rights of the public, but also the stability of laws as well as the necessity of carrying out legal reforms to realize democracy and pushing forward reforms of political systems.