Legal Studies On China Property Tax

China entries into the economic prosperous development period since reform and open30years ago, and promotes to be the world’s second largest economic entity with averageincome improves continuously. Housing belonged to the public generally before1980s, thenhousing reform happened since1980s, and at present, housing function expands from meetingresidence demand to investment demand. The real estate industry shows us a thriving scene.The urbanization process is accelerating, with strong housing demand, land grant fee becomeslocal government’s major financial support, there has been a rapid increase in hosing price infirst-tier to third-tier cities. Under the circumstances that most of low and middle-incomegroups have no ability to meet the rigid housing demand, housing vacancy rate is increasingevery day, social wealth is accumulated to the rich. For these reasons, China puts forwardincreasingly tougher real estate control policies tries to make the housing price back torational, reform land finance, adjust income distribution. As a result, the author hopes dialysisproperty tax’s feasibility and necessity deeply by restoring its value of legal institution. Bymeans of employing legal interpretative approach, comparative approach, historical approach,economics approach, social approach, combining information feedback of testdata, explorethe defects and shortages of experiment program, based on the foreign advanced experience,build a property tax system which is suitable for China’s national conditions including levysubject, taxable object, tax base setting, rate zone, preferential policy, effective collectingmechanism and so on.The first section, study on fundamental theory of property tax. Starting from concept andessence of property tax, probe into property tax’s social background of China, analysis andsummarize arguments and queries which property tax is facing, by studying on its legality,demonstrate property tax’s feasibility in China.The second section, study on objective and significance of property tax. First of all,summarize functions of property tax comprehensively to demonstrate the necessity andimportance of it in China; secondly, analysis pilot mode practically by means of employingsocial approach and data research; at last, summarize pilot effect dialectically based on studyon physical truth.The third section, construct a property tax legal institutions with China’s character. Byemploying comparative approach and practical analysis approach and social approach, based on skills summary of Shanghai mode and Chongqing mode, combining specific sate ofdevelopment of real estate market and economy of China, absorbing foreign advancedexperience to build a property tax system with the characteristics of China including levysubject, taxable object, taxbase, tax rate setting, accountability mechanisms, preferentialpolicy, effective collecting mechanism, risk warning mechanism and so on.The fourth section, summarize the whole article. Through the review of the full text,state the fact that property tax be levied all over the country is well in sight, property tax as aapproach of regulation and control is indispensable for China’s stable developmentpermanently, meanwhile, point out that property tax’s function cannot come into play withouthelp of other real estate control policies. Ultimately, state briefly that property tax fromregional pilot to expand the scope to the final collecting all over the country have to gothrough a process full of circuitous but also full of continuous improvement, property tax’svalue and function will come true in the future not far away.