The Research Of Real Estate Administrative Approval System

With the advancement of reform and opening up, China’s economy has been developing rapidly, the real estate industry has become the important pillar industry of our country national economy development. In recent years, China’s real estate industry added value in the proportion in gross national product has been maintained at around4%, at the same time has also led to the development of other related industries,.The development of China’s real estate industry,the rapid development of China’s economic system and the speed of the development of administrative management system is not balanced, which make the real estate administrative approval lack of restriction of effective legal system, resulting in many problems that the real estate industry has exposed in the development process. To sum up, the research of the real estate administrative approval system legal problem is imperative. How to ensure that China’s real estate industry health, orderly and healthy development is desiderate to be resolved, so our country should improve the relevant laws and regulations, establish and improve the effective real estate administrative approval system, so that we can ensure that the real estate industry benign development.The full text is totally divided into four parts.The first part, an overview of the real estate administrative approval. On the basis of the analysis about the connotation of the administrative approval system, we can draw forth the connotation of the real estate administrative approval system and then state the. characteristics of real estate administrative approval. Taking the situation investigated and understood by Jilin province Liaoyuan city administrative approval organs as an example, through the statement of the real estate administrative approval and administrative approval departments, we can find that there are many problems at the present stage of our country real estate administrative approval process, which have hindered badly the sustained and healthy development of China’s real estate industry. As an important component of the economic development, the real estate industry will affect the comprehensive strength of China’s economic development.The second part, foreign real estate administrative approval system and the reference. Under the process of the mergence between China’s market economy and international economy, real estate administrative approval system’s reform was imperative. China’s real estate administrative approval system’s research began relatively late. As a result, we should consider the national conditions of China and, at the same time, learn from overseas advanced practice when we proceeds the real estate administrative approval system’s reform. Thereby, establishing China’s real estate administrative approval system which is suited to China’s market economic system. Through the study of American and Japanese real estate administrative approval system’s development and the characteristics of theirs’ reform, exploring its advanced experience,as well as combining China’s national conditions, can we further improve our country’s real estate administrative approval system.The third part, China’s current existence problems of real estate administrative approval system.At the present stage, our country’s real estate administrative approval system has not played for the efficient use of resources as well as optimizing allocation of resources. With the poorer ability of controlling risk,it’s no help for us to guard the fair and competitive market environment. All these phenomenons have seriously hindered the healthy development of real estate industry.The primary manifestations of China’s current real estate administrative approval system.First is the absence of exclusively legislation of administrative approval.At the present stage,in the process of our country’s real estate administrative approval,we are short of the legal constrains which come from the relevant legal system.The unsound legislation system of administrative approval is the key matter of our country’s present real estate administrative approval. Furthermore, the administrative approval authorities possess huge discretion,meanwhile there lacks of unified and effective real estate administrative approval laws and regulations.Second is the low-efficiency administrative approval. The specific performances of this situation are as follows. the administrative approval has numerous subjects.It consumes a large amount of person,resources,and money, and this leads to the low real estate administrative efficiency. The confused setting of administrative approval authority causes the existence of the unclear functions and overlapping approvals. Administrative approval preconditions are not standardized, the real estate administrative approval has various items, the center management vacancy of real estate administrative approval, unsmooth decrees, and low innovation ability. Third, illegal approval responsibility is deficiency. At present, the real estate administrative examination and approval pay more attention to the use of power, and responsibility but do not fulfill. Related to administrative examination and approval organ of the administrative discretion is larger. Accountability mechanism that the lack of some administrative examination and approval concerning the right to enjoy the state administrative examination and approval organ staff to ultra vires approval and lead to " power rent-seeking phenomenon". In fourth, the administrative examination and approval is weak."The approval, light regulation " is the administrative examination and approval departments problems. Administrative supervision mechanism. Administrative examination and approval organs supervise general for internal supervision, can not be independent supervisory authority. Administrative examination and approval system’s main body is single. Administrative supervision channel virtual, supervision and examination and approval for separation, so that supervision is difficult to achieve. Administrative supervision is simple in form, the relevant administrative supervision departments of supervision measures to form a fine punishment, the lack of an effective measures of administrative supervision.The fourth part, perfect our administrative examination and approval system of real estate. Based on the above real estate administrative examination and approval system problems in our country and developed for the analysis of reference, we should put forward proposal to perfect our country real estate administrative examination and approval system. We should do that by the enactment of Administrative Approval Law, improving the special efficiency of administrative examination and approval, aggrandizing, strengthening the legal responsibility of illegal approval of administrative examination and approval system. First of all, as the economic development in key areas of the real estate industry, improve and perfect the system of administrative examination and approval of relevant laws, regulations, more urgent. Secondly, in order to further improve the efficiency of the real estate administrative approval, it should straighten out the real estate administrative approval items, make the real estate administrative approval flow chart, simplify the procedures, vigorously carry out parallel examination and approval system, perfect the administrative examination and approval center’s duties. Accelerate the construction of electronic government pace, implement the online registration system for examination and approval. Actively promote the "one-stop" mechanism construction. Play the role of intermediary organizations in market economy. And thirdly, it should scientifically allocate the administrative examination and approval authority, serious the examination and approval discipline, strengthen the legal liability of illegal examination and approval, establish an accountabilit y system of illegal administrative examination and approval. Finally, it should establish and improve the supervision and restriction mechanism to the real estate administrative examination and approval system, strengthen the follow-up supervision and management work. And gradually improve the integrated supervision and management system such as the electronic monitoring, network report, social supervision, the joint inspection stereo type and so on, to realize the supervision to every aspect of the real estate administrative examination and approval.