Research On The Civil Legal Problems Of The Incomplete Property Housing In China

Along with the development of urbanization and the market economy, the "Small Property Right House", which we are familiar with, as a new thing of the real estate market like bud continuously produced and growth until it development a common social phenomenon."Rural Property Right House" is not a legal term, but a concept derived from the real life. It virtually means that it is not the nation’s planning examination and approval procedure, and fails to pay the land transfer fees and other fees state, but building houses in rural collective land as commodity house and sell. These houses can’t get house property certificate from the department of our country, so it is called "small property", it also called incomplete property, and all of these are relative to the house of completely property rights in city. At present, the "Small Property Right House" in our country have not yet to be legalized, but the "Small Property Right House" appeared has the deep economic origin and social origin. Along with the development of the market economy and the accelerating of the urbanization process, the traditional function of raising are dropping, and the it’s nature as assets are obviously showed. As this reason, in rural areas all over, especially in developed eastern areas, the trading for "Small Property Right House" have become common, and form invisible market. But the rural land are not accepted into the unified land market by our country, so the "Small Property Right House" trading can’t get powerful regulation and produce many disputes. The paper analyzes the root causes of the "Small Property Right House", which is the conflict of the "Small Property Right House" and the different real estate system between urban and rural and the conflict between the unity of land and houses. But the most serious reason is that "land management law" prohibit the rural land transactions but before it accepted into state-owned land. Then the paper discusses the major civil legal problems which caused by "Small Property Right House" in the practice. Finally the paper bases on the root causes of the "Small Property Right House" and the law which limit the legalization of small property right, puts forward the idea of law system for solving the civil legal problems caused by "Small Property Right House". It thinks that the appearance of the "Small Property Right House" is the inevitable trend of the development of urbanization and marketization. In judicial practice, the only means that confirm contract invalid can’t deal with the problem cased by the "Small Property Right House" thoroughly. So the method to solve the problems fundamentally is to adapt to the development of the market economy and urbanization trend, and to adjust the legal system, and to weaken the administrative management to rural land resources, and to strengthen the respect of the rural land rights. The essence of the agricultural collective land ownership is a kind of property rights, so the legal system should give it the corresponding property arrangement, making it play its property role.