| The real estate industry of our country is developed in the process of the reform ofland use system and real estate legal system construction. The real estate industry playsa decisive role in our country economy, as the basic and pillar industry of nationaleconomy in China. Industry's development is inseparable from the regulation of law.However, with the development of market economy, the real estate industry deviatesfrom movement track of the market economy. There are many disadvantages.Forexample, the high prices, land examination and approval system defects, real estatedevelopment and relocation compensation system is imperfect, the tax system isunsound, no legal compliance for the property management , and so on.These haveseriously affected the healthy development of real estate market. As the generalspecification for adjusting the real estate economic relationship, the real estate legalsystem is also facing the challenge of market economy.The system is a stabilizer of market economy progress. Commons emphasizingthere is an indivisible close contacts between the legal and economic phenomena,considered the legal order played a good role in promoting to the economicdevelopment. He advocated to improve the legal intervention to the economy andadjust the economic structure of society from the system. He also believed that theessence of the economic relationship was the legal ownership transaction, which wasthe interaction link of legal and economic relations. Therefore, as an institutionaleconomics research scope, this paper takes the Chinese real estate management law asthe breakthrough point, from the angle of law and economics, to make a brief summaryto our country's real estate legal system.And it discusses various related legal systemto adjust the relationship of China 's real estate economic relations during developmentand construction, separately from the land, real estate development and relocation compensation, tax system of the real estate and real estate property management etc.On the basis of the comparison to foreign real estate legal system, I analysize andempirically study the hot issues with the law and economics. Finally, I put forward tolegal system of system route choice, according with our country economy developmentand the construction. Of course, real estate legal system includes not only the abovelink, also includes the mortgage loan of real estate, housing pawn, housingintermediary services. But it does not take into account other links, only from theabove four aspects related to the legal system of real estate.First of all, the introduction presents the research background and significance,elaborats the main content and research methods, and makes a brief literature reviewaimed at the main problem that the article studies. Finally, it explains the innovationand shortcomings of this paper.The second chapter introduces the real estate legal system overview. Real estatelaws regulate the relations to property and management of the real estate industry,including the relationship between real estate and property relations. It has its owncharacteristics and history. In the first chapter, this article also outlines policyadjustments of the real estate industry regulation since 90's. In different period, thereal estate policy reflects the different characteristics of the stage, sometimes loose,and rigorous. At the same time, it also elaborates the relevant theoretical research ofthe real estate industry, including research in economics and law studies, scholarsabroad and domestic scholars'research.Secondly, the land approval is the premise of the real estate development andother series of production activities. Real estate land leasing is the core to get the landexamination and approval. It is one of the main sources of local finance income. Localgovernment generally transfers the right to use state-owned land through bidding,auction to the highest bidder. However, the article thinks, land leasing is one of themain reasons of the fast local housing prices, which caused by local governmentinvestment, expanding revenue. Therefore, it makes economical anylasis on theproblems such as land leasing ownership and so on, and advocates that 70% of land leasing will be turned over to the central treasury department, 30% for localgovernment public construction. In local public construction process, local governmentapeals to the central government for the national project funding to support, so as torealize the improvement of local public construction, then put an end to the localgovernment for the blind investment and expansion of the scope of examination andapproval of land, resulting in a waste of land resources and real estate prices fromrising too fast.Again, the real estate development and compensation for expropriation has beenthe focus of attention. Real estate development and expropriation compensationtriggered a large number of illegal residents in lethal phenomenon. This article makesthe game analysis on the interests of all parties in the real estate development, toachieve equity interests under the circumstances of the improvement system ofcompensation to the land use right, compensation standards, to improve thedevelopment of real estate industry from the system, and put an end to violencedemolitions and"nail household'incident occurred.Furthermore, the harmonious community is the basic unit of social harmony.Property management has relations with the community harmony and stability."Property management law" has not yet been introduced, " The general principles ofcivil law"," Property management regulations" and other relevant laws and regulationsassume responsibility for property management to establish. The rights, obligationsand legal responsibilities of realty service enterprise, the owners, owners Commissionand others should be prescribed clearlly, scientifically and rationally in the legalstandard, to avoid influencing other owners or the legitimate rights and unit's interestsby the rights abuse. Therefore, it is very necessary to analysize and discuss theproperty management issues.Then, in the existing real estate tax system,"Attention transfer, despise maintain",tax-cost confounding and double tax issues has been the obstacles and problems ofChina's tax system reform. The sixth chapter discusses the present situation of China'sreal estate tax system, do the international comparison and analysis of tax-cost system, and put forward the problem of our country's tax system, as foreshadowing of thereconstruction of China's tax law system.Finally, on the basis of the economical and legal analysis to the real estateindustry each link problem, it concludes that, it is very necessary to real estate legalsystem reformation, and it puts forward to reasonable suggestions of composing ourcountry's real estate legal system. To make system reform, we must do somethingfrom the following aspects, and gradually perfect it: perfect real estate landexamination and approval system, modify the housing development and compensationsystem, reasonably arrange for the real estate tax policy, revise law of propertymanagement, strengthen property management and so on. Only from the above aspectsto perfect legal system, it would reasonably regulate China's real estate industry todevelop healthy.
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