Legal Analysis, The Valuation Of Real Estate

The legal regime is also a kind of productive force. The different legal laws and regulations arrangement will cause different economical achievements. However, the legal regime also has life cycle. Our country existing real estate appraisal laws and regulations have played a vital role to our country real estate industry. But along with the real estate estimate industry development, some new questions and new situations appear quickly. Urgently, it needs legal regime to be enhanced and consummated.When the relations of real estate estimate are adjusted by the legal, it rises to legal relationship. The legal relationship contains three essential factors: main body, object and content. So the paper bases on the legal relationship when analyzes the real estate estimate laws and regulations. It specially studies real estate estimate validity as well. The main content of this paper includes:1. It analyzes the heredity gene of the existing laws and regulations. Then we can profoundly know the evolution and change of our country's existing laws and regulations from two heredity genes—contract gene and property right gene; and straighten out the real estate estimate law development vein. In order to know the whole look of our country's real estate estimate legal laws and regulations, the paper summaries the existing real estate estimate laws and regulations in the form.2. The legal analysis of the real estate appraisal main body. It refers to real estate estimate organization, estimate personnel and administrative-managerial apparatus. This part has massively introduced legal regime of overseas,Hong Kong and Taiwan area. In these countries, the main body's stipulation is quite perfect. Therefore, after contrasting with them, our country obtains certain enlightenment and innovation ideas. For instance, the real estate estimate organization may attempt to restrain itself by the personnel primarily; a master's qualifications implement graduation system and we should try to establish the profession management system unifying government, the profession and the society supervises and so on.3. It analyzes the laws about the object and content of the real estate estimate. The object refers to the land and the real estate. Certainly the real estate here means the pure house or the combination of land and the house. Then it emphasizes the appraisal in first level of land market and the housing real estate under the background of the existing legal rule. It elaborates the good and bad points about four kinds sell way in first level of land market. And it studies the law needing attentions of new and old real estate estimate and so on. The content involves three behavior main bodies' right and voluntary, namely estimate organization, personnel and request side. After the analysis of relations between right and voluntary, we gain the conclusion that behaviors main body enjoy what right and should fulfill what duty.4. After the analysis about main body, object and content, finally the paper deeply studies the validity of the real estate during concrete appraisal work. So it provides the legal foundation for the real estate.