Analysis On The Macro-economic Regulation Of The Real Estate In An Economic Law Perspective

In the "house slave era", the housing problem deserved to be a hot issue that the government and the people both concern. But in the monetization and market of housing reform process, the legal control of government is extremely lacking,which brings about more common phenomenon, such as "real estate business profits, poor people pay "and" rent-seeking".So implementation the rule of law in the macro control of real estate is imperative. In a wide range of legal control means, the economy law is the most important means. This article concerns today's major contradictions and problems in real estate market, and deeply discusses the rule of law in the real estate macro control, from the economic value of the rule of law concept, theoretical basis, foreign experience, and ultimately provides effective regulation of the improvement of the policy.In addition to the conclusion, this article consists of five parts, the main contents are as follows:PartⅠ:Introduction. First of all, in a general sense to illustrate the research background and significance, literature review and current status, research perspective and research methods, and then adds the special sense of perspective in the study to illustrate the unique, and defines research methods and research priorities in specific perspective.PartⅡ:Theoretical analysis. From the basic theory of economic law, starting with the legal relationship to the macro control, macro-control behavior, macro-control legal system, rule of law concept of macro-control as the four elements, to analyses the real estate macro control legitimacy and necessity of the special nature of real estate macro control, and the real estate market failures.PartⅢ:An Empirical Analysis. From nearly a decade of real estate macro control on practice in our country, to analyze real estate macro control policies and legislation and the crux of the situation from the perspective of economic law. First, the analysis of the legality of the real estate macro control policy-making, implementation and performance, and then making decisions for further standardization of the thesis; Second, the analysis of the concept of real estate on the macro-control in the absence of legal, legislative level, the plight and the plight of the implementation level.PartⅣ:International experience. To select the United States and Japan as the blueprint of the rule of law, and conclude the Inspiration for China respectively from concept to enhance the rule of law, law system, and then handle proposer commendations of the "foreign model of localization" problems.PartⅤ:Path optimization. First, to enhance the rule of law in the real estate macro control, and achieve "greater" level of the social justice, social equalization of basic public services; Second, to improve the economic legislation of real estate macro control system, and improve the legal hierarchy, sound laws and regulations, the matching mechanism; Third, to improve the economic macro-control of real estate law in practice, starting from the explicit permission of macro regulation and control, reconciliation of the conflict of interest between the local and central government, so as to improve the effectiveness and execution in real estate macro control.