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Legal Regulation On Housing Market

Posted on:2009-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:J B XuFull Text:PDF
GTID:2166360242981899Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As the saying goes, only if you have house you can work happily. Housing problem has been closely related to people's life all the time. It is precisely because of people's houses plays a fundamental role in the survival and development, price fluctuations of housing become the focus of attention. The focus of attention is also an important aspect of legal regulation. A government official on the qualitative prices triggered a fierce debate from all sectors of society. As a starting point, the author made in-depth analysis on price issues surrounding the interests of the game. And according to this analysis, a useful exploration is also been made in order to effective legal control.The root causes of the housing problem and legal regulation of Game Logic are stated in the introduction of the article. The importance of legal control is also pointed out. From the 1980s, the beginning of the housing system reform, especially in 1998 after the cessation of the housing distribution China's real estate industry has developed rapidly. Long-depressed housing demand was released at the same time, as well as the increasingly heavy financial burden tired. As price-induced social contradictions have become increasingly prominent, the state has encouraged by the initial, prefer frequent support to the regulation now. Rates issue is the economy, social issues or political issues. The core is the contention of the government to intervene in the housing market on the legality of the reflection. The awareness of various interests groups to the problem especially the government which is characterized by managers and service dual role direct impact on the legal regulation of breadth and intensity. Therefore, the parties spare no effort to use the resources of the hands to exert influence national policies, laws, regulations, and public opinions. For the maintenance of normal market order, and guarantee the normal life of the ordinary people to protect the smooth operation of the entire national economy, legal regulation plays an irreplaceable and important role in the adjustment of interests.Problems of the housing market are described in detail in the first part of the article. And the necessity of a legal regulation on housing market is stated from the point of view of protection of human rights. By the author of the study and investigation and information available on hand, the problems presenting in the housing market are summarized in four aspects: overheated investment, rate of housing price and income is high, the housing vacancy rate remains high, the possibility of increased financial risks. Address these existing problems, four areas of the causes are listed: the real needs of a large number, the real estate development costs continue to increase, housing supply structure is irrational, with the power to lease the land finance. Price regulation of the legal necessity, the author has selected the protection of human rights angle.2004, human rights are written into the constitution, which has become an important milestone in the building of the rule of law in China. As a basic human right,the right to adequate housing should be integrated into the housing system of legal protection. First, the definition of adequate housing right and the basis for the existence of the note are given a number of international conventions. Then, the specific meaning of a detailed analysis about adequate housing right is described. The work of clarifying relevant rights, such as the right of abode, ownership relations is also made.The second part of the article use game theory to the study of the analytical framework for regulation which is triggered by deep-seated interests of the central government and local governments. This is the core part of this paper. In the complicated game in the housing market, the outcome of the game between the central government and local governments plays a vital role to the legal regulation. By the study of Game Theory, the author builds a standard form of the game model to study the central government on the housing problem with the interests of local governments Game. In addition, people's livelihood, and the difference between information, and performance and power interests of the existence of rent-seeking and other factors also play an important role on both sides of the game. In view of the relationship between central and local governments, and special considerations of the interests of both sides, The author believe that cooperation between the game sides is the best choice.In front on the basis of the analysis, for the realization of effective legal regulation and control, a useful exploration is taken by the author with the strategies to be taken by the selection and system design. The author believes that to achieve effective legal regulation on housing market, it needs coordination between central and local governments, coordination of fairness and efficiency, as well as improving of Pareto optimal. Coordination of the relationship between fairness and efficiency from the macro considerations, the Pareto optimal improvement is more focus on the legal effect of micro-regulation and control, both of them service in the coordination of the central government and local government relations. Specific measures include: standardize land system and improve the housing market tax legal system, speed up the housing security legislation.The topics of the purpose and significance of paper are made a brief explanation in the last part of article. Choice of legal regulation, mainly due to the wish to apply what I have learned, through our study of the theory, put forward some practical beneficial countermeasures. The article seeks to clarify that in the housing market the game different interest groups behind the legal regulation logic, the aim of exploring the interests of all parties to achieve a state of equilibrium path. This should be the first to the status of different interest groups to communicate fully under the relatively benign interaction. Secondly, this positive interaction also can be realized through the appropriate design of the system. As for the significance of paper, it is hard for the author to talk about. We can only hope that providing a new perspective for the issue of familiar. Through this perspective, we can understand more deeply the real housing market in the interests of all the Game conflicts, value orientation, especially as the game parties in the central government and local governments balance conflict of interests and basic attitudes of coordinating all the contradictions.
Keywords/Search Tags:Regulation
PDF Full Text Request
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