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On The Perfection Of The Legal System Of Anti Profiteering

Posted on:2013-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:S HuFull Text:PDF
GTID:2246330395988078Subject:Economic law
Abstract/Summary:PDF Full Text Request
In recent years, high prices, the suppression of the people in real estate profitsvoice of an endless stream of anti-profiteering once again become a hot topic ofconcern. High prices suppress housing prices in the national macro-control measureshave been put forward: the country eight, nine ministries "fifteen", the country, eleven,"" In September the New Deal,"the new national eight," and so on. Often theintroduction of the new policy, around the price gains seem to fall from the skycrashed and died down of real estate speculators who have to withdraw from themarket, real estate market is moving to curb investment, and guide rationalconsumption, stable prices, the development of the target. However, the introductionof control measures against the central government, the developers are always able tocircumvent it, continue to reap huge profits. How to regulate prices, inhibitionprofiteering as building a harmonious society in China and the economy is sustained,rapid and healthy development of the topic can not be avoided.Real estate industry perspective, the use of the law of value in economics, law ofsupply and demand, competition law, the pursuit of social value in the sociology, thehazards of the gap between the rich and the poor, equality of opportunity, the averageallocation of fairness and justice, social security and people’s livelihood, as well aslegal theory, resource optimization, configuration, rights-based and other basictheoretical knowledge, to provide theoretical support for improving the system ofanti-profiteering law. In China’s anti-profiteering law system of legal regulation, lawprinciple, on the basis of the function of the dual nature of the three characteristics, asdefined by the analysis of the legal system against profiteering profiteering,anti-profiteering law enforcement and responsibility of the current situation, summedup the legal system of China’s existing anti-profiteering principle too, finds that theprofiteering behavior of the lack of maneuverability, there is no clear anti-profiteeringmain rights and obligations of the law enforcement agencies, the offense shall bear theliability is too light, and not specifically defined the concept of profiteering lawenforcement agencies of law enforcement is difficult, and operability is not strong,making it impossible to curb profiteering behavior. Draw Japan is not timelyanti-profiteering of the lesson, learn from British profiteering behavior levied heavytaxes on German real estate industry profiteering behavior of criminal law penalties to be regulation, and Singapore, Germany and the United States the distinction betweenspeculative, investment demand and consumer demand, the use of protect the housingsystem to reduce the real estate industry speculation, investment demand, in order toachieve the inhibition of experience in real estate profits. Combined with China’sspecific national conditions, from the profits of the reasonable definition of thepowers and obligations of the anti-profiteering law enforcement agencies, the rightsand obligations of the operators as well as violations of legal responsibilitycommitments in three areas to explore the perfection of the legal system of China’santi-profiteering, and profiteering behavior identified as a criminal offense acts as apoint of innovation, the legal regulation of the anti-profiteering to provide theoreticalsupport.
Keywords/Search Tags:real estate, profits, macro-control, market mechanism
PDF Full Text Request
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