"小产权房"的缘起、问题及其解决

近年,"小产权房"问题愈演愈烈、蔓延全国.究其根源,在于二元结构的土地法律制度导致农村集体土地所有权被虚置和不断飙升的城市房价.因此,虽然国务院各部委一再下发文件禁止农村修建和出售"小产权房",有些地方政府也强行拆迁"小产权房",但这些措施却依然不能阻止"小产权房"的迅猛发展势头和城市居民的购买热情.解决"小产权房"问题的关键在于改革我国二元结构的土地法律制度以使村集体拥有较为真实完整的土地所有权,同时允许农村土地在合法范围内进入一级交易市场进行使用权流通,这有利于平抑房价并增加农民收入、减少征地矛盾.但也应出台相应措施,防止耕地减少,并保证收入减少的地方政府正常运转.

The Origin, Problems and Solutions of" Houses of Non-property Right"

In the past few years,the issue of"Houses of Non-property Right"is becoming serious nationwide,which is rooted in the land law system characterized by dualistic structure,causing void property right in the countryside and ever higher housing price in cities.Although the State Council prohibits building and sale of"Houses of Non-property Right",and some local governments have taken some measures to pull them down,the development and the purchase of those houses have never been stopped.The key to solving those problems lies in the reform of Chinese land law system with the feature of dualistic structure,so that villages possess the authentic and complete land ownership;meanwhile,land is allowed to directly enter transaction markets within a certain range,helping to hold down the housing price,increase the farmers' income and reduce conflicts caused by requisition of land.Moreover,corresponding measures should be taken to prevent loss of arable land and guarantee the normal operation of the local governments with income reduction.