小产权房治理与《土地管理法》修改

The Governance of"Small Property Residential Houses"and the Amendment of Land Administration Law

研究目的:对《土地管理法》的修改和小产权房的治理提出建议。研究方法:现象溯因法,综合分析法。研究结果:只有解决制度障碍,通过合理的制度设计允许集体建设用地用于商品房开发和允许宅基地使用权有条件对外流转,才能从根本上治理小产权房。研究结论:正在修订的《土地管理法》不应禁止集体建设用地用于房地产开发,应允许宅基地使用权在一定条件下对外流转。

The purpose of this paper is to provide recommendations for the governance of the so-called ＂small property residential houses＂ and the amendment of the Land Administration Law. Methods employed include deduction and comprehensive analysis. The results indicate that the problems of governing the small property residential houses can only be thoroughly solved by the elimination of obstacles in the current system, such as appropriately allowing the collective-owned construction land to be used for commercial housing, and legalizing the use right of rural residential land can be conditionally transferred to urban users. It is concluded that the Land Administration Law that is under amendment currently should not forbid the collective construction land to be used for commercial housing development, and should also allow its transference to urban sector under certain conditions.