On The Legal Problems Of "the Incomplete-property-right House"

"The incomplete-property-right house" is the house which built on the peasant's collective land and sold to the citizens as commercial house. It is built by village and town governments alone or with the building developers. In recent years, the rise of "the incomplete-property-right house" has become an increasingly striking social phenomenon around major cities in our country. At the same time when "the incomplete-property-right house" sold well, the Ministry of Construction stated risk warning on the purchase of new-build houses. And then, State Council executive meeting also made it clear that "the incomplete-property-right house" should be suspended. But there is still not any law that can explain or determent this issue in reason. Housing concerns people's livelihood. After the Tow Sessions, an related authority revealed that "the informal property rights" will be cleaned-up, there will be an investigation on the quantity and distribute of "the incomplete-property-right house", but the elaborate blue prints is unshaped. "The incomplete-property-right house" appears in the specifically land structure of our country, so there is no correlative overseas experience. At the same time, domestic studies can not come to an agreement."The incomplete-property-right house" is the result for conflict and harmony of rural land exploitation benefit,and the origin of it is the limitation of rural land property right which constructs the rural land exploitation profit distribution. The ambiguity of rural land proprietor, the absence of rural land proprietary rights and the faultiness of rural land transfer in the rural land property rights are the institutional roots of "the incomplete-property-right house"."The incomplete-property-right house" is the reaction of the negation of law. The solutions of different kind of "the incomplete-property-right house" should be dissimilar,and combine leading together. In order to put an end to "the incomplete-property-right house", a new distribution of rural land exploitation profit must be constructed,and correlative law should be adjusted to adapt the development of economy and society.