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小产权房屋数量庞大,国家监管失控,它的存在和蓬勃发展是多方面因素促成的。国家法律不保护小产权房屋的流转,还在加紧调控,但具体政策和规则并不明朗。让小产权房屋合法与非法化的呼声都有,使国家监管面临二难选择:小产权房屋主要是改革的产物,简单地使小产权房屋合法化或者非法化都将严重冲击公权力的公信力。无法把小产权房屋彻底当作非法建设处置,只有尽早完善规则,规范小产权房屋的发展。
The huge number of small property houses and the loss of state regulation have led to its existence and flourishing development. National laws do not protect the circulation of small property houses and are stepping up their control. However, the specific policies and rules are not clear. The legal and illegalization of small property houses all have their own voices, making the national regulatory dilemma: small property houses are the main products of reform. Simply legalizing or illegitimate small property houses will seriously impact the credibility of public power. We can not completely regard small property houses as illegal construction and disposal, and only improve the rules as soon as possible to standardize the development of small property houses.