“小产权房”解决路径的法经济学分析法律学专业论文.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract At February 21st, 2012, the Ministry of Land and Resources said they would work with related departments to select the prominent cities whose “houses with limited property rights” dispute is obvious, and to take them as the samples to solve the problem. The list is now under research. As the publishing of the news, there is a new round of heated debate in society from all walks of life. People hold different ideas about the “houses with limited property rights”, basically, to ensure the right or just ban it. Actually, the dispute dates back to the existence of “houses with limited property rights”, various researchers put up different ideas from different perspectives with the particularity in land use, development, selling and buying. But in the end, the problem in the final debate point lies in whether the existing land system is to adapt to the present social and economic environment. Which opinion is closer to the reality and which one is more practical is still unknown. As a cross discipline between law and economics, law and economics is just a kind of theory which use economics method to study the legal system and phenomena. No matter what is the thinking, as long as it meets the requirements of the law economics efficiency maximization theory, it should be regarded as reasonable, otherwise rejected. This will be a good way to make comparison and selection between different theory. So, this paper would study houses with limited property rights with this method, that is, with the application of Cost-benefit analysis to find which strategy is more effective, which solution is more scientific and reasonable. Key words: houses with limited property rights collective ownership of land law and economics cost-benefit analysis III III 目 录 摘 要 I Abstract II 引 言 1 一 小产权房问题概述 （一）小产权房的涵义及特征 3 （二）小产权房的分类 7 （三）小产权房的形成及发展现状 8 二 小产权房的各种解决路径的归纳与分类 （一）各种理论下的解决路径的总结与归纳 14 （二）各种路径的分类 15 三 小产权房解决路径的成本收益分析 （一）理论前提 24