A Research On China’s Real Estate Macro Regulatory Law System

Real estate macro regulation refers to the government regulate and control the real estatemarket in the macroscopic level to promote the real estate market’s optimization and balance in thetotal amount of supply and demand as well as structure, and achieve the coordinated growth of realestate and national economy. The legitimacy of the real estate macro regulation has been fullyreflected by the following factors: the human rights protection of the right of habitation, theimperfect competition of the real estate market, China’s economic system evolution, theuniversality of overseas practice and so on. However, in the background of lacking legal system,not only the effect of the real estate macro regulation and control is greatly reduced, but also thephenomena will appear that the market mechanism factors are destroyed at will and the real estatemarket is out of order, then it will go against the initial goal of the macro regulation and control. Onthe basis of realizing the necessity of the legalization of the real estate macro regulation and control,the legal control under "discretion" will be used to settle the dilemma that legalization is faced withreasonably.Through the analysis of the methods of economic law, such discoveries can be made: there aresimilarities and differences between the macro regulatory policies and the macro regulatory laws;such economic law values as economic democracy, economic safety and social efficiency and soon, run through from the beginning to end of the real estate macro regulation and control; thedistribution of the macro regulation powers, which consists of horizontal distribution and verticaldistribution, is the core problem of the macro regulation and control theory; the legal liabilities ofthe administrative organs can be further divided into the liabilities of macro regulation omissionand the liabilities of macro regulation faults. From the point view of the developing statusconcerning China’s real estate macro regulation and control, the house price keeping at a ratherhigh level is actually the "result" of various comprehensive factors, not the "cause" on the contrary.Since1998, China′s real estate macro regulation and control roughly experienced four stages,namely, loose, tightening, adjusting and pressing. During the course of real estate macro regulationand control, there exists series of legal issues such as legal restriction imperfection ofadministrative intervention, the insufficient protection of private rights concerning the real estatemacro regulation and control, the imperfection of the distribution of the real estate macro regulation and control powers, the displacement of the local governments’real estate regulation andcontrol responsibilities. Only through optimizing the legal system arrangement in the field offinance, land, taxation and others concerning the real estate macro regulation and control, as wellas regulating the relationship between the government and the market, the central government andthe local governments smoothly, can the dilemma of the real estate macro regulation and control beresolved from the root.