The Research On Commercial Bribery Crime Control Of Real Estate

Since the reform and opening up， with the increasingly prosperity anddevelopment of Chinese economy，the real estate industry also steps into rapiddevelopment. It becomes an important force to drive the rapid development ofeconomy and a pillar industry of the national economy. It plays an important role inmany aspects such as maintaining the economic growth, absorbing social employment,improving housing conditions and living quality of Chinese,，promoting urbanizationetc. As a capital intensive industry, the real estate industry,，on one hand brings hugeeconomic benefit for us; but on the other hand, our country is in a systemtransformation period, in which the legal construction is relatively less advanced,many defects and vulnerabilities exist in department rules and regulations andrelevant mechanisms for right restraint and supervision are in the absence. As a result,the combination of mercenary merchants and approval right of government makebribery crimes go through the whole real estate development process, includingproject approval, project site selection, land requisition and demolition, housingdemolition, project bidding, land grant, program examination and approval, fees levy,registration of property right, equipment and material purchase, project management,quality acceptance, budget amendment, fund settlement, bank credit, presale approvalof commodity house etc. These not only trample upon the dignity of laws, damage theprestige of the party and government among the public but also overdraft the socialresources. If let them go, they would bring a devastating blow to the whole country.Therefore, strengthening the research of characteristics and genesis of bribery crimes,especially the comprehensive analysis and management of three key links in landgrant, program examination and approval and fees levy of the real estate industry, areof great significance in many aspects such as improving relevant laws, rules andregulations of the real estate industry, building favorable and ordered industryenvironment, undermining the bribery crime’s baneful influences on the developmentof national economy etc. the first part is to have a general description on the current situation of crimes inkey links of the real estate industry. It mainly focuses on there links of land grant,program examination and approval as well as fees levy. Then it expounds relevantcharacteristics of crimes in key links of the real estate industry. It mainly discussesfrom five aspects in wide subject rang of crime, huge amount of involved capital,frequent occurrence of connected cases, diversification and invisibility of criminalmeans and persistent crime. Relevant cases are also provided for further clarifyingand highlighting the great social hazards of bribery crimes in the real estate industry.The second party is to analyze reasons for the occurrence of bribery crimes in thereal estate industry mainly from the system level in terms of three links of highercrime rates. Theses three links are land grant, program examination and approval aswell as fees levy. Reasons for occurrence of bribery crimes are: imperfect system forplanning and control; unsound land supervision system; unreasonable fees levysystem; lack of restriction on power and absence of supervisory mechanism.The third part is to show specific reasons of occurrence and characteristics ofbribery crimes in the real estate industry and put forward specific and practical controlcountermeasures. Theses countermeasures are: establishing a long-term mechanismfor power distribution and incorrupt government supervision；improving rules andregulations relevant to land grant；intensifying the construction of the mechanism forplanning and control；normalizing the fees levy system; regulating the operation orderof the real estate market；strengthening investigation and punishment on briberycrimes in the real estate industry.