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Research On Real Estate Regulation Policy Under The View Of Economic Law

Posted on:2015-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y DongFull Text:PDF
GTID:2296330428461804Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The emergence of regulation policy for the real estate market is no longer the fresh thing. however, the argument of the policy is still existing. From the existence of the policy, we see the strange phenomenon that the price has risen and risen. Why? If its effectiveness is questioned and it inevitably brings great negative impact, we should use substantive approaches to the real estate market.The first part of this thesis mainly introduces the cause, the present situation, and the significance of the research on regulation policy for the real estate. Through literature retrieval and consolidation, the author considers that current scholars, with the attitude to praise or not, either put more focus on the regulation policy for the real estate itself, around its contents, forms and effects; or focus on the relationship between regulation policy for the real estate and macroeconomic control law, extended to the thinking of the authority, subject, principles, methods and other related issues of macroeconomic regulation. The author tries to jump out of the box to conclude that other parts of the economic law are essentially needed for establishing a long-term control mechanism from the perspective of policy.The second part of this thesis mainly has two aspects. On the one hand, it introduces the relationship between the policy and law as well as the economic law; on the other hand, it introduces the current situation of regulation policy for the real estate, not only with a simple summary on its background, causes, contents and etc., but also with the analysis on the relationship between regulation policy for the real estate and the macroeconomic control law.The third part is the main body of the thesis. Why the current regulation policy for the real estate is widely reviled? The reasons, on the one hand, are because the policy itself has questioned problems with respect to imperfections on no matter contents, forms or effects. The contents are in chaos and confusion, and the objectives are different; the forms are not recognized and the effectiveness stays unknown; the effects not only make no obvious influences, but also have many conflicts with the existing legal system. What more terrible is that some policies have already shaken the integrity foundation of the entire society. On the other hand, the reasons are due to the particularity of the real estate market in China. In addition to share the general characteristics, the real estate market in China has its own problem such as overinvestment, precipitous rise of house prices, imbalance in the structure of supply and etc. Fundamentally, it is because that there are no reasonable solutions against problems with respect to monopoly of the real estate market, lacking of supervision, indemnificatory housing construction and etc.For the problems existing in and aroused by the regulation policy, as well as the particularity of the current real estate market in our country, the author believes that no further achievements can be made if it is still limited within the scope of macroeconomic regulation. To give full play to other components of the economic law, such as antitrust law, market regulation law, central bank law and so on, is enormously helpful not only to establish a long-term mechanism of legal regulation for the real estate market, but also to further construct the law-based government and the law-based country.
Keywords/Search Tags:real estate market, regulation policy failure, market failure, government failure, legal system
PDF Full Text Request
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