The Research Of The Government Regulation Of Uncompleted-Right Houses

The emergence of the problem of uncompleted-right houses has been raised by many factors as the society, the economy, the law, etc. It exists among the blank part of the law and wins the preference of a part of social groups. Although the government has set down a series of documents to prohibit the construction of uncompleted-right houses, it has not received the corresponding results and still has little influence on the development of the construction of the uncompleted-right houses. Through the comprehension of basic public rules and laws, the thesis tends to analyze the necessity of the government regulation over the construction of uncompleted-right houses and points out the relating problems and the corresponding reasons, then gives further suggestions to improve the control over uncompleted-right houses. Focusing on the central problem of the government regulation over uncompleted-right houses, the thesis can be divided into three parts:The first part:the introduction of the basic theory of the government’s control over uncompleted-right houses. It introduces the conception, the classification, and the development history of the government regulations, and sums up the conception and identity of uncompleted-right house through the analysis of the some scholars’ opinions towards it, and pays more attention to the analysis of the necessity of the government regulations over uncompleted-right houses.The government regulation means that in order to realize the maximum of social and economic interests, making up the market inefficacy, promoting the favorable market operation and standardizing the conduct of the enterprises, under the authorization of law and order, the mainstay of the government regulation adopts some measures as adjustment, supervision and interference to restrict and control the economic activities of the social economic mainstay and some specific noneconomic fields. The government regulations are divided into economic control, the anti-monopoly control and three types of social regulation.Through the analysis of different scholars’ opinion towards the definition of uncompleted-right houses, this thesis states that uncompleted-right houses are built on the land of collective ownership, that is, they are built without the government’s unified planning, the payment of the land grant fee and the township government or the village committee’s issuing of property right certificate, not facing the members of the collective sales houses, and is the product of our country land binary system. It has the basic characteristics of illegality, low cost and urban and rural distribution. Through the analysis, we could know that uncompleted-right houses involve in five interests main bodies including farmers, property developers, local governments, collective economic organizations, townsfolk. The contest works through a serial of processes as the exploitation, marketing and supervision of the uncompleted-right houses. The problems existing in uncompleted-right houses as external diseconomy and information asymmetry reflect the necessity of government regulation over the uncompleted-right houses.The second part:through the introduction of the current situation of the government regulation, the thesis analyzes the main existing problems in this process, and focuses on the discussion of the reasons for the arising of the problems. Although there is not explicit provision of uncompleted-right houses in the current law and orders, we can explore some indirect relating regulations through some corresponding formulations. The rules strictly control the conversion of collective land use, and the emergence of uncompleted-right houses is not possible by principle. Due to the regular occurrence of illegal circulation of rural collective land, relevant national authorities have issued a series of documents as notices, policies and regulations of the collective land circulation. The documents also provide risk warnings to the trading of uncompleted-right houses, making the correct guidance for the consumers. Currently, the main measure that the government taken for the management of uncompleted-right houses is "on the one hand management, on the one hand against", that is, to prohibit the build up and selling of uncompleted-right houses in one aspect, and to investigate the completed ones in the other aspect. However, this kind of regulation doesn’t receive favorable effect, and the trading market of uncompleted-right houses is still booming.There exist many problems in the process of government regulation that are mainly embodied in four aspects as the conflict of policies and law and orders, the failure of regulation activities, the passive regulation, and the deficiency of law remedies. Nevertheless, we have to explore the deep reasons that hiding behind if we really want to figure out these problems. The thesis reduces the reasons into the following three aspects: firstly, the deficiency of regulation law and orders. In recent years, the related state government puts forward relevant regulation policies of uncompleted-right houses. As there is not explicit regulation of uncompleted-right houses in current law and orders, we can only find some scattered indirect information in many different law and orders. Hence, there are surely no clear rules relating to the boundary, the means, and the process of the regulation of uncompleted-right houses. Secondly, our government takes mandatory as the main measure of regulation. But the practice proves that although the uncompleted-right houses are on the verge of risks, they are not truly damaged by the measures taken by the government, instead, they are booming. In the process of regulation, the government has not made immediate adjustment and seeks for the best method of regulation after the dysfunction of regulations. Thirdly, the reason is the imbalanced allocation of regulating power. The supervision of uncompleted-right houses involves in the territorial resources management department, the construction department, and even the agriculture department and so on. However, there is no clear allocation of division of labor and responsibility among these regulating mainstays. It looks as if there are many departments who are responsible for the management of uncompleted-right houses; in fact, none is truly carrying out the regulation effectively. Thus, after the emergency of problems, these regulation mainstays would properly give the baby to others. The lack of the balance of regulating power will directly leads to the overstepping, deficiency and corruption of government regulation. Judicial review of oversight and supervision of public participation are not fully implemented in government regulation of uncompleted-right houses. The territorial resources management department and the construction department have comparatively perfect supervision systems towards the city commercial residential houses, but the supervision power of these departments mainly refer to the state-owned land, not the rural collective-owned land.The third part:the thesis raises some suggestions of improving and perfecting the system of government regulations of uncompleted-right houses. In order to solve the problems of regulation, we should firstly establish the basic principles of regulations. With regard to the uncompleted-right houses, we can’t simply pull them down nor let them grow without any restrictions. We should treat them differently towards the building-up periods, and the various types. This requires us to apply the principles of administrative proportion, administration according to the law, sustaining social stability, and sustainable development. Secondly, the enhancement of the construction of regulation law and orders of uncompleted-right houses is the basis and guarantee of government regulation. Through the relevant law and orders, we could establish the legal status of uncompleted-right houses, and formulate explicitly that the use and plan of rural collective land should also be programmed by the state. The build-up of uncompleted-right houses is illegal, and we should put forward corresponding regulations to formulate explicitly and giving prohibitions. In the process of development of uncompleted-right houses, the mainstay, the scope, and form of responsibility should be set down by the relevant laws and regulations. For the government control itself, we should use the law to determine the content as the subject, the scope, the procedures of regulation, the allocation of the burden, supervision mechanism, etc. Thirdly, the perfection of the construction of the regulatory agency is very important. Setting up an independent regulatory agency, and set up effective supervision mechanism, and make clearer of the regulation subject and the responsibility distribution. We should regulate the function of rural grassroots cadres, make clear of the responsibility of the corresponding government departments, give full play to the masses supervision, and effectively control the exercise of power supervision to ensure the realization of the control targets. Fourthly, we should improve the means of the regulation of uncompleted-right houses to achieve the goal of the control and improvement of the administrative efficiency. Specifically, in order to realize the target of regulation, while using the mandatory controls, we should pay attention to the application of incentive control mode, and to pay attention to the means of dialogue, consultation, guide and communication, make the control object generates the sense of self-identity, and take the initiative to subordinate to control so as to realize the control objectives.