On Legal Control Measures For Speculations In China's Commercial And Residential Buildings

In recent years,housing prices have been rising faster than national income increase and household income growth and"ant tribe"and"snail house"have become buzzwords of nowadays among people. Sky-high housing prices not only affect the immediate interests of the people, but also go against sustainable growth of China's economy as well as its social stability. Commercial & residential buildings speculations, which have become a game of pass-the-parcel over the country, are one of the pivotal reasons causing surge in housing prices. thus, The Chinese government has introduced a swathe of measures to try to cool the market, but it is an undisputable fact that"the more regulations the government lays, the more market dislocation will appears; the more measures the government takes, the more sharply increase prices will tend to". Therefore, it is pressing for an all-around analysis for speculations in commercial & residential buildings in order to take necessary legal control measures.This thesis analyzes the generalities of speculations in commercial & residential buildings and probes into the status quo of China's commercial & residential buildings speculations, concluding that speculations, which do more harm than good, are one of the factors contributing to the swell of housing prices. Next, on the basis of reviewing the process, means and effects of property measures taken by the Chinese government to crackdown on speculations, this thesis analyzes the reasons why the government's property measures were circumvented. Then, in light of market failure theory,state intervention,state intervention failure theory as well as public interest theory, this thesis hands out concrete advice to improve China's legal control measures for speculations in commercial & residential buildings.This thesis is divided into three chapters, namely, introduction, the main body and conclusion.In the introduction, this thesis firstly demonstrates the significances of the research and briefly reviews current research and its trend both at home and aboard on commercial & residential buildings speculations. Then this thesis expands on its origination and main standpoints. The main body of this thesis is composed of four parts.The first part provides generalities of speculations in commercial & residential buildings, including the definition, features and categories of speculations in commercial & residential buildings. Then it analyzes the background of speculations in China'commercial & residential buildings and lays a foundation for the following research and discussion.The second part serves as analysis of status quo of speculations in China's commercial & residential buildings, including the status quo and its impacts of speculations in China's commercial & residential buildings. This part is the real evidence supporting the viewpoints of this thesis.The third part mainly expounds the reasons of inefficiencies in Chinese government's property measures for speculations in commercial & residential buildings. This part firstly looks back the process, means and effects of measure taken by the government and explains the reasons of inefficiencies in government's property measures. This part is the vital nexus of the thesis.The fourth part advances proposals for improving the legal control measures for speculations in commercial & residential buildings. Base on the previous analysis, this part focuses on fundamental theory of legal measures for speculations in commercial & residential buildings and then this thesis brings forward the specific measures for improving the legal control measures for speculations in China's commercial & residential buildings.Chapter 3 is the concluding part, which iterates the main conclusion of this thesis.