A Legal Research On The Phenomnon Of"Incomplete Property House"

Xiaobao, a famous village of Songzhuang town in Tongzhou suburb of Beijing, attracted more than1,500artists. Nearly300people of them have purchased house which the land belonging to peasant. The artist Li Yulan in the village on account of this type of "incomplete property house" disputes his landlord (the villager couple of Ma Haitao). This is not the exception, throughout the country have emerged a lot of this type of real estate projects, and case judgments about the social effects of the rapid spread throughout the country."Incomplete property house" is related to the interests of many people, this particular phenomenon has also attracted the media, academia and the general public attention.The seriousness of "incomplete property house" becomes increasingly obvious; China’s current system of land law and the development of the socialist market economy have become increasingly uncoordinated. Judging from the current understanding of the situation analysis, the legislature and local governments has not yet formally made the state legislation or policy for "incomplete property house". To solve this problem with Chinese characteristics, the logical starting point of this article is the land development right owned by the state which the farmers have and the balance of the public interests, pairs of "incomplete property house" phenomenon causes the formation of study and trend, a comprehensive summary and analysis system of China’s system of collective land rights. To analyze the "incomplete property house" problem-solving obstacles on the road and to explain the policy innovation will be the obstacles and shortcomings. And make a sound proposal with the causes of barriers to innovation in the analysis of the rationalization of the reform.The analysis of this issue, we use the:history, text and comparative research methods. By the Constitution and relevant laws, regulations and policies of the text as a starting point, the use of economic theory of constitution of collective land system in China and our property rights protected by the constitution especially on public and private property rights, equal protection, and integrated development of urban and rural co-ordinate described. At the same time, with the public interest theory, taking into consideration the standard analysis in the "incomplete property house" phenomenon arising from the representative point of view. Rule of law, the cornerstone of market economy, it is already legal circles and the society as a whole to form a consensus, but compared to the Western developed countries, the construction of the rule of law including our Constitution of economic system and land system of market economy is not perfect. Therefore, we use comparative research methods, absorb and learn from overseas and related areas of research. In the study of "incomplete property house", the introduction of land development rights of the theory. Through the United States of America, Great Britain and the other countries comparative study of land development rights, contact our reality, to prevent the disregard of their comparative study of the basic conditions and get rid of only the myth of the West the law is sighted, we have the right to development of land carried out localization designed to avoid the out of touch with the realities of our country. Thus, according to our collective land owned collectively (state), owned by the collective exercise of the right to use the practical, with a corresponding right of land development will be handed over to peasant collective exercise, can effectively safeguard the rights and interests of farmers from the harassment of urbanization.Based on the theory of the public interest and land development rights, combined with historical research, text study and comparative research methods, we focused on the development of "incomplete property house" and put forward two different solutions. As well as the pre-conditions for the decisions of public interest affecting the problem-solving, we make the corresponding design of the system.The final settlement of "incomplete property house" must be based on legal requirements, public interest and the legal procedure. Procedural justice is to achieve substantive justice for the most basic protection of the unity in the pursuit of justice and efficiency, the member of community need to know all the views of "incomplete property house" relating subjects, with the form of debate, and the final solution expressed by the voting or have actionable award program produces.