Study On The Legal And The Countermeasure Of Uncompleted-Right Houses

The uncompleted-rights houses have caused the social concern in recent years, but they have appeared years ago. At the time of they appeared, there are only a small number of them were needed, so they were not concerned by society. But from 2003 to now, because the estate price is surprising high, peoples have began to pay attention to the uncompleted-right houses. For the present, the cities such as Beijing, Chengdu and Zhengzhou have emerged a large number of uncompleted-rights houses, which are centered in the outer region of the cities, because of the low prices, they have the high requirements. In 2007, the case "Painters village" was concerned again.There are both supporting and abject opinions about them. In judicial practice, the judges on this question have no unified opinions. The cause of the uncompleted-rights houses are lots, the fundamental reason is our land system in our country, the state-owned land and the collectively-owned land don't have the same rights. The state-owned land can be found commercial housings on them but the collectively-owned land doesn't have this rights. The only way is land acquisition, in which, they are transferred to stated-owned land and then can be used to found the commercial housing. Because of this, the uncompleted-rights houses can't be sold freely. The high prices of the housing and the imperfect urban housing security are the other tow main reasons. The uncompleted-rights houses are mainly centered in the area of suburban. Because of the price of commercial housings are escalating, more and more people can't afford to them or are reduced to "mortgage slaves". Compared to these, the uncompleted-rights houses have low price, so they are welcomed by the people with low income. The imperfect urban housing security intensifies the fervors to buying the uncompleted-rights houses.Because the government's policies doesn't admit the legal status of the uncompleted-rights houses, the trading of them are illegal. The buyers'interests can't be protected. Expressly forbidding the trading of uncompleted-rights houses are the stipulations of the government and are not the laws, which led the uncompleted-rights houses to the "grey-zone", rising to an unprecedented height, the found and selling of uncompleted-rights houses are not decreased, instead, the mounts and built-up area are more and more enormous.Examine carefully from the angle of contract law, we can find that because of the uncompleted-rights houses disobeys the public interests, so the development of them should be prohibited. But at the same time, considering the social stability, we should take the attitude of concretization to solve the problem of the different types of the uncompleted-rights houses, on this account to solve the extant uncompleted-rights houses logically.