The Research Of Legal Issues And Countermeasures Of "Uncompleted-Right Houses"

In recent years, the current situation of "Uncompleted-right houses" has over and over again become the focus of social debates, The sale price of "Uncompleted-right houses" is relatively lower than that of "ordinary commodity apartment" for it needs to pay such costs as none of them which include Land-transferring funds, urban infrastructure construction fees, compulsory land acquisition expenses, and tax on land occupation and real estate development.However, China’s current legal policy imposes restrictions on the free circulation of "Uncompleted-right houses", whose identity of illegality triggers a series of social contradictions and disputes. Despite all works of life unceasingly express clear standpoints on the issue of "Uncompleted-right houses", whether the strict prevention or the mild advocacy fails to make an appropriate resolution of this in face of all kinds of multifarious problems of politics, economics and laws behind it.In this thesis, the basic problems related to "Uncompleted-right houses" are firstly analyzed in the introduction part, which make a compendious elaboration on the author’s thinking pathway. That the situation of "Uncompleted-right houses" whose definition, characteristics, predicament of legal status is introduced in the first part make a solid foundation for the discussion in the full text. Fuzzy of collective-owned land system is the fundamental reason of ambiguity of legal status related to "Uncompleted-right houses" indicated in the second part. The analysis of interest subjects involved in "Uncompleted-right houses",at the same time, is made to clear individual relations of interest on the issue of legalization of "Uncompleted-right houses" in this section. In the third part, according to the study of legal disputes with the relations to "Uncompleted-right houses", we point out that judicial process out of sequence is harmful to maintain the severity of law in this current situation in which the judicial practice makes helpless choices relating to such problems. Viewed from the point of alleviating the relevant disparities, judicatory recommendations are made to handle the disputes of "Uncompleted-right houses" in the last part. What’s more, systemic choices are indicated to fundamentally solve the problem of "Uncompleted-right houses"...