Conflict Of Interest In Real Estate Development And Equity - The Civil Rights Protection

By analyzing the widely concerned conflicts of interests between the real estate developers, this article concentrates in examining the relevant law regulating the real estate development from the angle of interests. And follows the idea of the combination of fairness and efficiency to balance of the interests to perfect current legislation, especially the system designed to protect the right of the minority. The article comprises six chapters, added up to 200000 words. The concrete generalization is as follows:The first chapter is the theoretical analysis on the conflicts and balance of interests in the real estate development .The purpose of this chapter is to establish the theoretical basis for the legal analysis of the conflicts of interests an the balance of the real estate developers.The article holds that the social conflicts are everywhere and the reason is that the demands of the interests are not met. The interests regulated by law is closely related to the right. Although the right isn't equal to the interests, interests are essential elements of the right and the right represented as legitimate interests. And the acknowledgement and exercises of the right will leads to the alteration of the interests. The law and the interests are combined through the right. The conflicts of interests usually embodies conflicts of rights and presents in the form of right. The balance of interests does not achieve the elimination of conflicts or the complete equilibrium of interests, but pursues the order within a kind of system and the possession and distribution of interests that meet the needs of all kinds of interests subjects to the limit. The balance of interests in law exists on the basis of the conflicts of interests and aims at eliminating the conflicts of interests. It consists of the legal efforts to realize balance and the balance condition which is realized. Due to the natural affinity of balance for rule of law, rule of law is the firstly chosen means to realize the balance of interests. Especially the exploration of the substantial rules of law in order to make up for the imperfection of formal rule of law fully embodies the thought of interests balance.As far as the real estate development is concerned, along with the establishment of market-oriented economy in our country, the real estate field experienced the market reform, the value of the real estate is increasingly showing, the real estate industry quickly becomes a pillar industry of national economy. And the conflicts of interests arise because of the real estate development. In order to maximize their interests, diversified market subjects mutually 'play game', and form a multi-axis relationship circle, especially the relationship of the conflicts of interests in which the developers are the axis. In order to further understand the creation and development of the conflicts of interests in the real estate development, the article multi-angled analyzes the conflicts of interests in the real estate development with the guide of a series of frontier subjects, such as economics, information science etc. The analysis indicates that the cause of the conflicts of interests in the real estate is various, and the basic reason for unbalanced interests is that the law as the regulator for interests is relatively backward or doesn't meet the needs. Therefore, the mission of our lawyers is to explore specific balance system dealing with the conflicts of interests between the interests subjects.Chapter 2 is on the discussion of the conflict and balance of interests between the developer and the landowner. This chapter develops according to the system of the land-use right in our country. The article holds that the land as the first important factor in the real estate development is irreplaceable and scare. Besides, the landowner cannot maximize the value of the land if he manages the land himself, so he has tolet others utilize the land, which leads to the conflict of interests between the landowner and the land-user. The aforesaid conflict of intere...