“小产权房”问题对策研究

Study on Countermeasures Against the Problem of "Minor-property-right Houses"

近年来,商品房价格的持续攀升,使得"小产权房"以其绝对价格优势迅速获得购房者的青睐。该文首先对"小产权房"的合法性提供实在法和法理上的支撑,然后运用利益衡平方法分析"小产权房"背后的利益博弈关系,最后在上述基础上提出对策。

In recent years, commodity housing prices have been soaring increasingly, making minor - property -right houses＂, which have an absolute price advantage to commodity housing, popular to buyers. Despite they are prohibited by the government and criticized by the property developers, the minor- property -right houses are still welcomed in many cities. However, due to the existence of the relevant provisions of ＂Land Management Law＂ and ＂Real Estate Management Law＂ , minor- property -fight houses have long been criticized as ＂ illegal kids＂ since they were born, and their vague legal status has also caused a series of social problems. This paper attempts to provide minor - property - fight houses the support from the perspective of positive law and jurisprudence, and then uses the balancing of interests formula to analyze the relationship between the interest groups behind minor - property -right houses, finally puts forward relevant suggestions to solve the above -mentioned issues.