The Research On China Uncompleted Property Houses Of The Legal Issue

As China's accelerating urbanization and rapid increase in urban population, housing difficulties became a hot topic of society. Rapid increase in real estate prices has even blocked the majority of low-income housing in the door. Between the high prices and low-income, with its low price and relatively superior geographical advantages, uncompleted property houses have gradually become an important part of the real estate market. Indeed, the emergence of uncompleted property houses alleviate the current difficult housing issues, but also to some extent, increase farmers'income, but the legal problems of its existence is obvious. This paper will be divided into three parts on Legal Problems of "uncompleted property houses":The first part is about the current situation and emerged reasons of China "uncompleted property houses". It mainly elaborates on the concept of "uncompleted property houses" and the status quo, and analyzes the reasons for uncompleted property houses emerged. Uncompleted property houses emerged for vague law, inadequate supervision by the relevant functional departments, China's high urban housing prices, and imperfect housing security system, but the source of its formation lied in our system of dual structure of urban and rural land.The second part discusses two legal problems of "uncompleted property houses", rural collective construction land-use right transfer system and the effect of sales contract striving for a breakthrough of the solution to the problem of uncompleted property houses. Under the existing system of urban-rural land, rural collective construction land is not allowed to transfer, and the state relevant policies ban the sale of house property. In reality, the trading of uncompleted property houses is very active, but also allowing the transfer of rural collective land for construction has become the inevitable trend to adapt socialist market economy and achieve "the place with the same right"; the effect of "uncompleted property houses" contract for the sale is a controversial problem. From our law, national policies and court decisions of view, "uncompleted property houses" sales contract is invalid. No one of the laws and regulations clearly defined directly the effectiveness of contract for the sale of s "uncompleted property houses", so in accordance with the contract law provisions on the contract effective elements, "uncompleted property houses" contract for the sale should be valid. As China's urban-rural land reformed and improved, legal problems of "uncompleted property houses", rural collective construction land-use right transfer system and the effect of sales contract will be resolved. This Part is the focus of this paper.On the basis of the first and second part, the third part proposes reasonable legal solutions to the problem of uncompleted property houses. Priority is to contain development momentum of uncompleted property houses. On the basis of establishing sound relevant legal system, the relevant functional departments should strengthen supervision to prevent uncompleted property houses from continuing to expand. Since then uncompleted property houses should be dealt in classification and different treatment of different situations, and gradually resolved. In order to fundamentally solve the problem of uncompleted property houses, changing the existing dual structure of urban and rural land is a long-term strategy. This part is also the focus and innovation of this study.