| An incomplete-property-right house is the house built on village-owned lands, which is possessed by any others except the villagers through transaction. And the property certificate is issued by the local village organizations or town governments. The legal problem in transacting incomplete-property-right houses is the unclear legal relationship. People are not sure who is the owner of the village-owned lands. And the related laws are not defined clearly on transacting incomplete-property-right houses, which is often different between the host law and the lower level law, even in the same law. And the state's policy is also quite different from those laws. The people from the highest-level Department of Homeland disagreed with each other on the issue. There are legal barriers because the village-owned lands have not got equal protection as the state-owned lands have. The local governments monopolize the primary market, which ensures the governments'revenue. The state's policies claim that the transaction is illegal and are firmly against it.To solve the legal problems, and to perfect the system for transacting the houses, the following ideas are put forward:the state-owned and village-owned construction land market should be unified. The village-owned lands should be protected equally. And the ownership and price of the state-owned and village-owned lands should be the same. Urban and rural planning and farmland protection must not violate related laws. It is possible to consult the regulations of the urban house transaction. Ownership registration will be finished in the local land department to help local governments to monitor the farmlands and to establish precaution mechanism. Guided price will be released to protect the peasants'benefits. The right to use village-owned lands may be solved by leasing them to make sure that peasants'income will rise. |
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