和谐语境下农村小产权房规制问题研究--以民生利益为探究视角

Research on the Regulation of"the Small Rural Property Rights"in the Context of Harmony——On the Basis of Interests of the People's Livelihood

在农村小产权房热销的同时,建设部作出了关于购买新建商品房的风险提示,国务院常务会议上也明确叫停小产权房的销售,农村小产权房争议再度升温,对于农村小产权房的合法化问题说法不一。文章基于风险与利益的博弈对农村小产权房的内质予以厘定,从利益驱动角度探究农村小产权房的成因,并通过农村小产权房的弊病分析得出其存在的风险,进而以民生利益为探究视角对农村小产权房的合法化进行检讨,最终在和谐语境下,从防治结合的探索进路提出分类规制的解决思路。

At the same time when ＂the small rural property＂ houses sell well, the Ministry of Construction stated risk warning on the purchase of new-build houses. And then, State Council executive meeting also made it clear that ＂the small rural property＂ houses should be suspended. The disputes about ＂the small rural property rights＂ heat up again, and its legalization has different attitudes. The author dissects the nature of ＂the small rural property rights＂ on the basis of risks and benefits of the game, explores its causes from the perspective of the interests, and analyses the risks through its shortcomings. Moreover, the author further reviews its legalization from the people＇ s livelihood, and ultimately proposes the idea in the context of harmony on the base of combination of prevention and control.