중국 농촌토지에 건설된 소산권주택의 재산권 처리방안에 관한 연구-선쩐시와 베이징시를 중심으로

Abstract

The purpose of this paper is to investigate the legalization methods for SPRs related to land reform and property right reform in China. SPRs are referred to as an illegal house sold to outlanders that cannot trade a house constructed in farm land. The reason why SPRs receive much attention in Chinese society is that more than 200 million people live in 70 million SPRs across China. Another reason is that SPRs are related to interests of various groups such as farmers, collective governments, developers and buyers. The Chinese government announced the forcible removal of SPRs, but it is impossible to remove all massive number of SPRs at once. The alternative way is the classification treatment of SPRs. According to the classification treatment, SPRs which meet certain criteria are legalized but SPRs which substantially violate the law are forced to remove. The purpose of this study is to examine the validity of the criteria and legalization methods of classification treatment in Shenzhen and Beijing. The second purpose of this study is to find a solution for the legalization of SPRs. The results of the study are as follows. First, SPRs which are currently under construction or on sale should be strictly forcibly removed and the increase of SPRs should be suppressed. Second, each area should establish the criteria for procedures and costs for the legalization of SPRs which are appropriate for the area when the sale for SPRs is completed. Third, among SPRs being sold, the SPRs which meet certain conditions should be used as public rental houses or public facilities after confiscation. However, actual and appropriate compensation standards should be presented to solve the problems of SPRs. Furthermore, the free distribution system of rural land should be reformed and equal rights should be given to rural land and urban land to fundamentally solve the issues of SPRs.