关键词: 小产权房；分类规制； , 集体建设用地流转制度；土地

Abstract:

“Informal Property Right House” is a hot social issue recently in China However, there are universal problems in papers that argue this issue: the inaccurate name, the incorrect classification and the ignorance of some limitation when the establishment of “transfer system of rural collective land” is proposed By analyzing the legal features of “Informal Property Right House”, this paper names it as “commercial residential building on rural collective land”, and further defines it as “residential building that is built on the land owned by rural collectives and is sold to people not within the economic collectives” By re-classification of the commercial residential building on rural collective land, it proposes that the “Informal Property Right House” should be regulated by different types and advocates the construction and perfection of the “transfer system of rural collective land” with necessary limitations

Key words: Informal Property Right House, regulation based on different types, transfer system of rural collective land;