The Research Of Legal Issues Of Uncompleted-right Houses

The current laws and regulations of China did not make clearly definition as the uncompleted-right house. Courts have different adjudication on the disputes of the uncompleted-right house and the academic have broad controversy on it. The government and functional departments prohibit the citizens to buy it. The problem still not well resolved. The implicit market of uncompleted-right house exists everywhere all over our country, which highlights the inconsistent between the legislation and the reality. The legislative problems elicit from which have certain value of theoretical research.The uncompleted-right house is built on the rural collective land, and is sold to the members outside of the collective. It has some characteristics such as incomplete right, non-legal and cheap. Different types of the uncompleted-right house have different legal nature. The emergence of uncompleted-right house is the result of the comprehensive functions of the social, economic as well as legal system factors. I believe that the primary cause is the dual system of unequal treatment of national land system. In addition, In recent years, in the rapid development of China economic process, to speed up the process of urbanization. Because of a range of issues, such as the real estate price of city house, housing security system is far from perfect, lack of protection of the farmers' right, the uncompleted-right house emerged. At present, the uncompleted-right house developed into a film trend. There are advantages and disadvantages impact on the community. In recent years, to solve the trouble of the uncompleted-right house becomes a focus in public. I believe, the fundamental measures to solve the problem is found the rural land market, the rural collective construction land use right should allowed transfer; secondly, as an opportunity to reform the uncompleted-right house, the government should optimize the structure of land ownership, improve relevant laws and regulations, strengthen social security, strengthen the government's oversight functions, achieve urban and rural development. And the disposal of the existing the uncompleted-right house, as it involves multi-stakeholder, the solution can not be taken to remove it singly. We should distinguish different types to different treatments. Though, To maintain the social stability and The stable development of the real estate market.