Study On The Legal Issues Of Uncompleted-Right Houses' Legalization

Uncompleted-right houses is the house which was built on the collective land, had the certificate from the government of the town or the village instead of the property certificate from the country, and used to sell to the citizens of the city and town but without paying for the fee of the land. Though the current legislation defined it to be illegal, the government and functional departments prohibit the citizens to buy it, the implicit market of uncompleted-right houses exists everywhere all over our country, which highlights the inconsistent between the legislation and the reality. Courts have different adjudgements on the disputes of the uncompleted-right houses and the academic have broad controversy on it, the legislative problems elicit from which have certain value of theoretical research.Uncompleted-right houses is the integrated product of our country's dual structure land system and household registration system in the early times of People's Republic of China, the unperfected current land legislation. Defining the uncompleted-right houses to be illegal violates the Constitution's article which defines that the country's land equals to the collective land, doesn't meet the need of free transaction of the market, and it violates the free will principal of the Civil Code and principal of being made the best use of the property of the Property Law. At the same time, it violates the legitimacy principal of limiting the real estates to limit the free circulation of using rights of the collective land which was occupied by the small property house. So we should endue the legal position to the uncompleted-right houses. Based on the opportunity of the uncompleted-right houses' legalization, our country should further complete the structure of the collective land's ownership; construct the free transacting system between the usage right of collective construction land and usage right of homestead; to deepen the reform of dual household registration system and the land system and then finally realize the goal of the integration of the cities and villages.