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随着近年来商品房价格的不断攀升,不少中低收入的购房者把目光瞄准了小产权房,小产权房的规模不断壮大。据不完全统计,截至2012年末,已竣工的小产权房面积已占同期竣工房屋面积的15%左右,小产权房问题引起了社会广泛的关注。近年来,虽然小产权房屋在一定程度上缓解了部分中低收入群体住房压力,但因小产权房交易也引发了若干矛盾,针对农村集体土地上房产转让限制的相关法律法规显示出其滞后性。如何合法、合理的规制小产权房屋交易,事关我国社会稳定及交易安全,也是立法者和司法者无可回避的严峻挑战。
With the rising price of commercial housing in recent years, many low-income buyers have set their sights on small property houses and small property houses have grown in size. According to incomplete statistics, by the end of 2012, the area of small property houses completed has accounted for about 15% of the completed house area in the same period. The issue of small property houses has aroused widespread public concern. In recent years, although small property houses have alleviated the housing pressure of some low-income groups to a certain extent, there are some contradictions arising from the transactions of small property houses. The relevant laws and regulations that restrict the transfer of real estate on rural collective land have shown their lag . How to legally and reasonably regulate the transactions of small property houses is of great importance to the stability of our society and the security of transactions. It is also an unavoidable harsh challenge for legislators and judicial officials.