The Legal Regulation Of Realty Business

After china's housing commercialization in 1997, china's realty business began to rise and developing rapidly. But the realty business appear more and more problems in recently years, for examples, prices unusually high, more land to store by enterprise and so on. Administrative organs pay attention only to the ultimate law effect of every behavior forms for real realty business in controlled by Traditional administrative law theories,but not consider the relevance between the behavior's occurrence process and others, which leads to control measures unsatisfactory. House prices are still strong and rent also jumps following the house price. The life of "sandwich layer" is more and more difficult. So this article based on the social status quo want to find a dynamic and complete theory ("administrative process") to perfect legal regulation of realty business in our country and to realize the healthy development of the realty business.China's constitution says:" nation respect and safeguard human rights". Housing as everyone's survival foundation, nation have a duty to protect the citizens housing rights and interests and to ensure the citizen rights to subsistence and development.Government exercise state administrative power, so in order to maintain social stability it has a responsibility and obligation to provide social security to the low-income and disadvantaged groups. The establishing of our socialist legal system requires countries more respect human rights and serve the livelihood of the people when they formulate comprehensive law.With the problems the traditional administrative law theories neglect and omit, "Administrative process" appeared, and it emphasized researching problems in the comprehensive and dynamic opinion. "Administrative process" consider the realty business as a whole, it research the realty business according to making a series of regulations together in the realty business. It also makes administrative purposes as a standard of considerations administrative organs regulation behavior reasonable or not, and pays more attention to the relative person's status and value.According to "administrative process", we find the local government was captured by realty business and violated the original administrative purposes in the process of legal regulation. Administrative organs prior regulation beforewards and light attention after regulation in the concrete process. And the regulation forms of administrative organs are not perfect. To administrative relative person, our legal regulations in realty business, neglect people participate in position.Facing the problems in the process of realty business regulation, local governments should clear function, use the intermediary agencies to share the responsibility by administrative contract. The administrative organs shall improve legislation,clear the nature of administrative contracts and administrative planning and strengthen administrative punishment. Administrative staff shall improve their quality, publish all kinds of information and safeguard public participation.