农村小产权房法律问题探究

Research on the Legal Problems of the Restricted Property Houses

近年来,随着城市房价的飙涨,大多数城市居民望房兴叹,而这时农村小产权房悄然入市,并掀起了一股购房热潮。从法律的角度对"小产权房"进行考量,明确界定"小产权房"的性质。小产权房是关系到民生的问题,因此,小产权房问题的解决对于房地产市场的健康发展、居民的安居乐业和社会的稳定和谐都有重要意义。指出了购房者面临的法律风险,并且对如何解决"小产权房"问题分不同的情况提出对策和建议,其中最根本的途径是对我国的农村土地制度进行改革。

Recently, with the soaring of the house price most of the citizens could not afford to buy houses. At the time, the restricted property houses appeared and raised a heat. The article looks at the phenomenon in a legal way and tries to define the legal nature of the restricted property houses. Restricted property houses in the countryside are such a big problem which is closely connected with the livelihood of people that it greatly influences the healthy development of the housing market. It is significant for the contentment of people and the harmonious society. The article points out the legal risks the consumers may take and finds different solutions for different situations. The fundamental is to reform the mechanism of collective land tenure in the countryside.