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地震灾后,大量住房毁损,为推进住房重建工作,各级政府制定了灾后重建政策。在这些政策中一般对小产权房买受人是否有权申请置换房屋、如何补偿小产权房等规定不明。小产权房灾后补偿存在困境的法律原因在于小产权房买卖合同的效力认定有不同的认识、小产权房置换后的土地性质规定模糊、小产权房置换后原住房的归属不清。解决小产权房灾后补偿的举措在于明确政府应回收小产权房、保留原宅基地使用权以及将回收的小产权房用于廉租房。
After the earthquake, a large number of houses were damaged. To promote housing reconstruction, governments at all levels have formulated post-disaster reconstruction policies. These policies are generally unclear about whether the buyers of small property houses have the right to apply for housing replacement and how to compensate for small property houses. The legal reason for the existence of predicament after compensation for the property right in the disaster lies in the different recognition of the validity of the contract of sale and purchase of small property houses. The nature of the land after the replacement of small property houses is vague, and the ownership of original houses after the replacement of small property houses is not clear. The solution to the post-disaster compensation for small property rights lies in making clear that the government should recycle small property houses, retain the right to use the original house sites, and recycle the small property houses for low-rent houses.