A Study On The Legal Problems Of Small Property Housing In China

In the end of the19th century, with the gradual establishment of China’s real estate market, the houses with incompleted title began to emerge and developed faster and faster in recent years, which has become one of the hot issues of society. This phenomenon does not exist in other coutries; in fact, this a product of the rapid development of China’s market economy and the imperfect supporting systems. On one hand, faced with the high-priced commercial housing, the houses with incompleted title also become the inevitable choice of the low-income families. On the other hand, due to the dual structure of China’s land, the farmers-owners of the collective lands rights, cannot obtain the reasonable value of the land. The large part of the land’s value is taken away by local governments and the real estate developers. Therefore, farmers are willing to obtain the corresponding benefits by using the collective land for real estate development. However, in recent years, the universalization of the houses with incompleted title has caused a lot social problems, which has also affected the social stability. Therefore, the relevant departments of the State Council have issued a series of regulations and policies, trying to put an end to the houses with incompleted title, but with little success. Based on these facts, by comprehensively analyzing the concept of the houses with incompleted title, the causes,the conflicts of interest among relevant parties, the rationality of its existence, the relevant laws and regulations, this article puts forward that at the macro level we should establish the unified construction land market, and at the micro level the houses with incompleted title should be treated differently according to their specific circumstances, in order to successfully resolve the existing problems of the houses with incompleted title and to help realize the harmony of our society.