Monopoly Of The Chinese Real Estate Market Analysis And Legal Countermeasures

Housing is a necessity for people's living and work. However, at present, in large and medium-sized cities of our countries, housing price is more and more expensive. Many ordinary people haven't been able to afford so expensive housing price. Moreover, macroeconomic control measures adopted by the government haven't gotten the effect expected. Why these phenomena happened? With these questions, the author will analyze the real estate market deeply in order to find out the reasons which caused the phenomena mentioned above. Then the author will put forward the coping strategy from legal perspective and other perspectives. This article concludes four parts:In the first part, the author will introduce the establishment of our country's real estate market. Our country's real estate market has a very short history because of the planned economy. Generally speaking, the history of our country's real estate market had 3 periods. The first one which was from 1978 to 1992 is the period of theory breakthrough and experiment. During this period, some theories had been proposed to support the establishment of real estate market. And four cities were chosen as the experimental unit. The second one is called irrational speculation period. It was from 1992 to 1998. In this period, real estate market was gradually established. A large amount of fund was invested to the real estate market. Housing price increased greatly. Central government worked out a series of macroeconomic control measures to regulate the costly housing price. And the measures have gotten some effects. The third period is the period of rapid development, which was from 1998 to now. During this period, real estate has become pillar industry in many areas of our country. The real estate market has made a rapid development. Housing price increased year by year.In the second part, the article will firstly introduce the meaning of monopoly and classify the market structure according to western micro-economics. Then the article will draw an analogy between the classification and the concrete situation of country's real estate market and concludes that our country's real estate market belongs to oligopoly monopolized market. Oligopoly monopoly is one of the main reasons which have caused the costly housing price. As the following, this article will analyze the presentation of oligopoly monopoly in our country's real estate market and its causes. The analysis will be the basis for proposing the coping strategy related.The third parts mainly introduce the regulation to the real estate market in Hong Kong and foreign countries. In these regions, real estate market has gotten a mature development. The governments of these regions place more emphasis on the self-adjustment of the market and they mainly use the indirect measures to regulate real estate market in order to overcome real estate market failure. Then this article will elaborate the distinctions between real estate market in mainland and in Hong Kong, the United States and Japan. Based on the elaboration above, inspirations for the development of our country's real estate market will be set forth.In the last part, the article will introduce the regulations to our countries' real estate market briefly at first. On this basis and combining the analyses above, strategies from the angles of economy, political and law will be expounded to deal with the unfavorable consequences caused by the monopoly of real estate market. Among these strategies, legal strategy is the key strategy. As far as the legal angle is concerned, the government should mainly depend on existing law. In Aug.30th 2007, NPC standing committee has issued Anti-Monopoly Law. The law has provided the basic foundation for the law enforcement of anti-monopoly. All monopoly appearing in our country's real estate could be regulated according to the law. On the basis of the regulation, the government can eliminate and inhibit the unfavorable consequences caused by the monopoly of real estate market. Then, on the basis of Consumer Rights Protection Law and Price law, the article will propose the further strategy from the angle of supporting housing buyers and explore the interactive mechanism of the three laws above to manifest the law strategy system. And at last, the article will put forward the suggestions for the perfection of our country's anti-monopoly law.