小产权房买卖的困境与出路研究

Study on the dilemma and outlet of small property rights housing trading

我国城市房价上涨过快,由于城乡二元土地制度的制约,以及供需的影响造成了大量小产权房买卖的现象。根据物权区分原则,以及强制性规范的认定,小产权房买卖合同是有效的。文章对小产权房买卖的困境与出路进行了研究,指出应该加快推进城乡一体化的进程,以及设立农村房屋使用权的流转机制,促进集体经济的发展。

The urban housing prices rose too fast in our country, due to the constraints of urban and rural dual land system, and the impact of supply and demand resulting in a large number of small property rights housing trading phenomenon. According to the principle of distinction between property rights, and the determination the mandatory standard, small property rights housing trading contract is effective. This paper studies the dilemma and outlet of small property rights housing trading, and points out that the process of urban and rural integration should be speeded up and the circulation mechanism of rural housing use right should be established to promote the development of collective economy.