Research On A Number Of Legal Issues About China's Property Tax

The real estate market has flourished since the late 1990s, and the real estate industry has been truly a pillar of national economy. But at the same time, problems followed, such as the waste and loss of land resources, the increasing housing prices that were beyond the public's purchasing power and so on. People began to worry about the real estate bubble, and called for the government to adopt macro-control measures to prevent the bubble.Against such background, property tax came into the public's vision gradually. Particularly after the Third Plenary Session of the 11^th Central Committee of the Communist Party in Oct 2003, discussions about property tax have frequently become the focus of newspapers and websites. At present, the academia's research and analysis on legislation of the property tax goes more in depth, but there are still larger differences in some key questions. Even though property tax has been run virtually in some provinces, but before the formal introduction of property tax, it is still a long way to go for studies on legislation of property tax.In September 2008, the unexpected financial storm swept the world. Then the real estate prices that increased all the time before began to decrease, with market turnover shrinking. Gradually the voice calling on suspension of property tax legislation sounded. Some people began to worry about discussion on the property tax legislation at this time would exacerbate the impact on China's real estate industry. Clearly, this concern has got some academic response.In that case, should the legislative process of property tax be stopped here? My answer is "no". On the one hand, because of the scarcity of land resources, the price of real estate will go upwards; On the other hand, China's real estate tax system is now in chaos, and only reform can change the situation fundamentally. However, I do not consider the necessity of property tax legislation as the focus of discussion. The problem about necessity has been involved in a large number of documents, and the property tax has been made clear in the "Eleventh Five-Year Plan" as an important aspect of tax reform. Therefore, this article discusses how to make laws on the premise that the legislation of property tax is needed. Based on reference to the practice abroad and previous research results, combined with China's national conditions, I conduct in-depth analysis and research on the major controversies of China's property tax legislation, and then put forward proposals of my own. There are some innovations in my article. First of all, there is a clear objective of property tax legislation, which strongly rejects the version that the pace of property tax legislation has to be stopped in the financial crisis. Secondly, I use the western theory of land taxation, straighten out the relationship with land rent and land value-added tax, and then advance the constitution of property tax of China. Finally, I there is a discussion about the main elements of the property tax in China's national conditions. Because I can not cover all aspects of property tax legislation, I just chose some representative issues that sre more controversial to discuss I hope my article can play some positive role in promoting property tax legislation in our country.