Law And Economic Analysis On The Housing Of Restricted Property Right

In this essay, "Building the housing right to a fair and efficient real estate market, a incentive mechanism "is the theme, founded on the theoretical and empirical research, we try to discuss the solution of the housing of restricted property right and the most valuable property rights pattern available, which can accelerate the process of urbanization and give service to the macroeconomic regulation and control of the real estate market. Except the introduction, this article is formed by four parts, the research thoughts are as follows:Chapter one,"the definition, causes and the regulation system of the housing of restricted property", firstly, give a definition to the connotation and denotation and the quality of the housing of restricted property and its flow; exercise the institutional change method, discuss its occurrence, development and disciplinary experience by stages; research its regulatory mechanism, relevant laws and regulations .Chapter two,"the theoretical analysis and of the housing of restricted property flow", according to the property theory, common property theory, cost-benefit analysis, we discussed the property mode, compared the cost and benefit of flowing or not, analyzed the interest gaming of common rights behind the housing of restricted property.Chapter three,"research on the related issues and performance research of the housing of restricted property flow", we made questionnaire survey about the Beijing suburbs and Hebei province; based on the investment, and made performance research. We also chose the typical cases of the housing of restricted property dispute: We go into the quality of the housing of restricted property judicially and in the process of executing the law, as well as the social appraisal.Chapter four,"the current solution and integrity proposal of the housing of restricted property", this chapter includes the substantial and procedural problems and reform proposals. Finally, we give reform proposal.The margin incentive would actuate the resources from the low value to the high value. It is the very inexorable trend of the transitional economy and law, which is not consonant with the property rights discipline. However, in the process of circulating; the right of pricing of the collective members and the inevitable benefit should be guaranteed, at the same time, we should differentiate the stock and increment, and correspondingly distinguish different policies with the housing of restricted property flow in accordance with the land character.