Analysis Of Legal Matters Of The Uncompleted-right Houses——in The Rural Collective Construction Land Transfer As The Observation Angle

As a’"freak" of real estate, the uncompleted-right house has existed for years, which reflects the deep contradiction in the process of rural reform, the disadvantages of partition pattern of urban and rural areas in China, as well as the disconnection problem between laws, policies and economic development.The uncompleted-right house phenomenon grows based on not only systematic reasons, such as the unreasonable urban and rural dual land management system, the rural dual land ownership, but also economic and social reasons, such as the interest gambling between parties of different levels, the toleration of government of different levels, the lack of housing, the high price of commercial housing in cities and towns, and the unreasonable land demolition.With the problem of uncompleted-right house becoming more and more serious, it has affected national economy and people’s livelihood, infringed the interests of people’s livelihood, endangered social stability, therefore became a pressure to the macroeconomic land management of government.In view of this, rules and regulations were issued by the governments at all levels and relevant departments for banning the uncompleted-right house development, and warning the purchasing risk, but they became neither systematic solutions nor long-term effective mechanism to solve the problem, which consequently didn’t achieve the desired effect, on the contrary, made the implicit risk of uncompleted-right house more obvious. As a result, the proper solution to the problem is of great significance for social harmony and stability and sustainable development.From the definition of uncompleted-right house, the thesis analyzes the legal obstacles of uncompleted-right house, by presenting the current law system and judicial practice,so as to propose regulatory ways to solve the problem.There are four chapters in the thesis:From the definition of uncompleted-right house, Chapter One states the legal characteristics and analyzes the background and reasons, which paves the way for the following.Chapter Two mainly refers to the specific regulations and policy requirements of uncompleted-right house in the current law, and analyzes the judicial practice according to some classic cases, which conduce discussion on the solution to the problem.By discussing legitimacy of uncompleted-right house, contract effectiveness and circulation of farmer’s collective construction land, Chapter Three analyzes the current legal obstacles, and proposes the key points and difficulties to solve the problem.In the last chapter, based on the analysis above, regulatory ways to solve the problem are presented. From a macro point of view, unreasonable laws and regulations should be optimized, rural dual land ownership should be regularized, a reasonable compensation standard should be set, housing security system should be improved. In addition, different solutions are proposed from a micro point of view, according to different natures of uncompleted-right house in different tims.