Research On Rural Land Legal System Reform: Take The Uncompleted-right House As The Angle Of View

The uncompleted-right houses refer to the construction of collective land of peasants from the collective economic organizations or individuals other than the purchase of the units, there is no evidence of legal title to obtain housing. China's rural collective land ownership system, under the framework of the specific phenomenon, but also in the rapid development of China's social and economic process, to speed up the process of urbanization, urban-rural dual economic structure, as well as building new rural areas against the background of the problems. Its also alluding to the premises of China's urban market, the housing security system, the system of rural land, rural land management, the protection of the interests of farmers, there are many issues and so on. In recent years many cities in emerging suburban areas developed into a film trend, the rapid development of China's food security and sustainable and stable economic and social development pose a serious threat, caused by the party and government and community attention. Government's development and construction of the small property right house, as well as the purchase of an injunction prohibiting the sale, the problem is still not well resolved.Governing the uncompleted-right houses issue need combining guidance of "dredging"and"blocking",and address both the symptoms and root cause.To solve problems faced recently,we can use treatment of typification.In accordance with thethe using nature of land on which the house builded and status of the builders and owners,we must treat the uncompleted-right house in different ways.To those house which has the possibilities to legalization,the owners can make up for the lack of procedure,and then acquire the legal status.To solute the issue fundamentally,it need the reform China's land ownership and the dual system of land use right,so that the collective construction land can access to pubic land market as the state construction land.Therefore,we must modify the relevant provisions of the"Land Management Law";clearify and improve the collective land ownership;clearify the the subject, representative of the right and the exercise of the process;establish a national unified real estate registration system,with a strict and integrated order;amend the"City House and Real Estate Management Law",establish a unified real estate management system;improve the land acquisition system and the reform of local financial situation. Constructing a unified land market need to improve and perfect the legislation and system,and need a long process.In order to solve the uncompleted-right house issue,even more to achieve the healthy development of China's real estate market in solving the dual structure of urban-rural areas,to achieve fairness and justice,truly harmonious development.We must face the uncompleted-right house issue,take the first step towards reform with the necessary cost.