On The Obstacle And Crack Of Legalization Of"Incomplete Ownership" Building

"incomplete ownership "building is a product of special system of China,The core of problem is the source of the dual system of land policy.urban land belongs to the state, rural land belongs to the collective,State monopoly the land of primary market.Acts of collective land into state-imposed nature of land transfers can enter the primary market.Large number of rural collective construction land exists a large of "incomplete ownership"building. the proportion of "incomplete ownership"building occupies nearly30%in developed regions."incomplete ownership"building affects the interests of various stakeholders,The Government concern about income and the land planning,Developers concerned about the market profits,Village collective and individual concerns of land development and improvement of family income,Building on the collective land is confusing.This paper discusses "incomplete ownership" building "reasonable" and "illegal" situation,search for the legalization of the road of "incomplete ownership"building.The first part,"incomplete ownership "building start with the root cause of the problem,Describes the collective ownership of land development rights under the protection of the farmer lack,The separation of land and real estate house property model increased the complexity of problem solving.Analysis of the status of collective construction land, land management and other functional departments of the collective attitude of the Land Transfer "incomplete ownership"building impact the old land system.It is necessary to modify the land laws.The third part of the main interests "incomplete ownership"building, the economic costs and the perspective of the pros and cons.Protect the livelihood and new rural construction, and integrated development of urban and rural house property need to legitimize.The last part of the improvement of the legal system from "incomplete ownership "building for the proposed design of the system legalization.Described the plight of the treatment break, adhere to the policy of the Government as soon as possible, scientific and reasonable solution to the legalization of’incomplete ownership"building.