A Research About Real Estate Market Macroeconomic Regulation And Control Policy In Our Country Under The Rule Of Law Principle

Since our country real estate market established, real estate industry has experienced rapid development process, even was identified as the pillar industry of the national economy. But based on its own defects, the development of the real estate market also brought a series of problems. On one hand, thanks to the market failure, national macro-control is very necessary. On the other hand, due to the imperfect laws and regulations, the real estate market operation lacks the legal protection. However, since our country had not clarified the intrinsic logical relations between the policies and laws, lead to policy conflicts with the rule of law principles in three aspects of legal, operation and target. In this way, we cannot solve the failure of the real estate market effectively; it will produce the excessive intervention to the market as well. Not only it brings negative externalities for the real estate market, but also led to the right of adequate housing lack of legal protection. For this reason, from the view of the analysis of the character of China’s real estate market macroeconomic regulation and control policy, through clarifying the relation between regulation policy and laws, this article attempts to find out the solution to the problems above, and makes the regulation policies more in line with the requirement of legal construction under rule of law principle.In the first chapter, in making the review and combination of real estate market macroeconomic regulation and control policy of our country in the past, firstly I determine the scope of research, namely the policies not in the legislation, including tax policy, mortgage policy, the purchase restriction policy, and housing security policy, etc. And from law, public policy and institutional economics three aspects, the article analyzes the nature and characteristics of the macroeconomic regulation and control policy.From the our country real estate market macroeconomic regulation and control policy’s characters on law, public policy and institutional economic, under the guidance of the principles of the rule of law, the second chapter of this article summarizes the problems of the policy respectively on the three stages of formulation, procedure and targets.The third chapter discusses the need for China’s real estate market macro-control policies on the rule of law principle. First, based on the theory of market failure, this paper analyzes the necessity of national macro-control policies to intervene in the real estate market; Second, the article discussed the necessity of control policies on rule of law principle, namely, in case of lack of legal constraints, government intervention policies may be out of control; Finally, the paper pointed out the reason of legal restriction absence in China’s control policies is that our country had not clarified the intrinsic logical relations between the policies and laws for a long time, which is the key points of the research about real estate market macroeconomic regulation and control policy in our country under the rule of law principle.In the last chapter, from the our country real estate market macroeconomic regulation and control policy’s characters on law, public policy and institutional economic, under the guidance of the principles of the rule of law, this article makes recommendations for problem-solving of the policy on the three stages of formulation, procedure and targets. First of all, on the legal stage, I clarify the relation between control policy and law. In our country, the real estate market macroeconomic regulation and control policy belongs to the abstract administrative acts, but does not belong to the legislative acts. Under the guidance of rule of law principle, I believe that a legal policy should become a legislative act; conversely, the illegal policy which has an alternative choice through economic means should be abolished. Furthermore, I raise a method to solve the above problems through judicial procedures. Secondly, on the procedure stage, I recommend that the legislation should be improved so that the powers and responsibilities of the different institutions in control and regulation became clearer. All above efforts aim to make the operation of policy more effective and legitimate. Finally, on the targets stage, I argue that the functions of the government on public welfare protecting should be emphasized, and the main target of the macro-control policies should be focus on protecting the right of adequate housing. On achieving the target, I give the suggestions of respectively direct and indirect ways.