Analysis Of Legal Questions In Preconstruction Phase Of China Real Estate Development

Recently, with the rapid development of China's social economy and constant growing process of urbanization, China real estate develops rapidly. Meanwhile, some non-standard questions are following in the process of real estate development, some of which danger benefit of human life and stability of social economy order.This paper introduces the characteristics of real estate industry and its significant status and effect in national economy at first, and then divides real estate into three phases to analyze according to its sequence. In which, this paper focus on researching and analyzing legal questions regarding to land acquisition, survey and design of project and fee and tax of real estate, etc. Based on the comparison with real estate management and revolution of China and Korean, it puts forward reasonable suggestion of China real estate's legal construction so as to better promote healthy and sustainable development of China real estate industry. This paper is divided into five chapters:Chapter I: Development of real estateAt first, it introduces the characteristics and status of real estate industry and emphasizes that real estate industry is the basic material premise of social economy activities and the basic guarantee of national economy developing. Secondly, it discusses approval principles of real estate development. Real estate is ranked into first, second, third and fourth qualification class by company conditions. Furthermore, it indicates the principles and classifications of real estate development. Finally, it states the process of real estate development including investment decision-making analysis, preconstruction phase of real estate development, construction, houses sales and property management.Chapter II: Legal system of real estateThis part firstly introduces the legislation case and saying of real estate, collects and hackles related sayings. In addition, it pays attention on discussing legal system of China real estate and classifies and summarizes legal system of real estate from legislation level of real estate and real estate law.Chapter III: Research on legal questions in land right acquisition of real estate developingThis part firstly introduces the principles of China land management. China puts land management principles into effect strictly. Land just belongs to nation and collective. It is strictly prohibited citizen individual having the ownership of land and strictly carries out land registering principles. Then, it gives the details of China land transferring way and evaluates the revolution of land transferring way. Finally, it discusses the disposal of idle land in real estate development and introduces latest the disposal of idle land.Chapter IV: Preconstruction phase design and related tax management of real estate developingThis part introduces the survey and design process of early real estate development completely, emphasizes that State Council establishes administration to monitor and manage national construction project survey, design implementation uniformly. National construction administration and related managing departments should play its own role and strengthens the monitor and management of designing marketing activities. Criminal activities in designing marketing activities are inspected and punished according to law, maintain and guarantee design market order. In addition, it discusses the legal managing questions of real estate developing prophase tax, which are main land use tax and contract tax. City and town land use tax is a kind tax paid by units and individual used land in the range of city, county, town, industrial and mining area. According to the classification criteria of tax, city and town land use tax belongs to money tax, specific duty, act tax and local tax. City and town land use tax takes the size of real occupant land as the basis of calculation as regulated amount of tax to impose. Contract tax is the tax imposed for property right bears person when land, houses right are transferred. Transfer land and houses in the territory of P. R. China, bear units and individual is the tax payer of contract tax, which should comply with regulation of this clause to pay tax.Chapter V: Management comparison and improving methods of Sino-Korean real estate developmentThrough introduction to legal regulations in preconstruction phase of Korean real estate development, based on the comparison with management of Sino-Korean real estate development, it posts optimizing method of real estate law. This part emphasizes to perfect legislation and intensifies regulation and controlling of government. Managing the land for nation construction in the early real estate development further increases legislation of land registered. Transfer of unregistered land has no legal force and adopts true name of buying and selling land. It increases the legislation of managing land price and land tax. This part establishes public system of land price, reporting system of part trading project, approval system of trade and other principles regulated by land transaction law. Imposing all sorts of land taxes reasonably guarantees the profit of national land and inhibits the developer getting unreasonable windfall profit. It establishes the system of government land takeover and storage. It should establish storage system of government land to guarantee land for beneficial to public interests and state-building required. In addition, it needs to increase enforcement. Country's territory,construction,planning,managing department of real estate will audit and inspect real estate developing company with related department legally. Real estate developing project in construction should be completely cleared off. Monitor and management of calling for tender and tender should be reinforced. Government investing project in the way of insufficient investment contract is strictly prohibited. It intensifies the monitor of investment engineering project with state owned capital. It clears the construction unit and responsibility of evaluation experts in calling for tender and tender and increases the process inspection, monitor and management after bid, etc. It also checks and punishes dodge tender, untrue tender, bid rigging, string bidding and other illegal and irregular action.