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The Limitation Of House In China On Civil Law Review

Posted on:2015-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y S WangFull Text:PDF
GTID:2296330434459918Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy in China, the increasing material demand ofpeople is also become more and more huge, therefore the authority policy of "homeownership" has become the top priority for national development in the people’s livelihoodsecurity. However, since2007, due to the real estate transactions and transaction prices areabnormal growth, China was issued a number of housing regulation policy aims to controlthe housing prices immediately. It was called by housing restrictions policy. This limitstandard is a comprehensive policy, it include household registration or social insurancecapture to expend fixed number of year and some people who possess more than one realestates.The purpose of this policy is to control the housing price effectively. Following thehousing price was return the normal rail, the problem of administrative measure wasbecame big head above of water. Rationality of policy and effective of this implement iswaiting by solved. This article will discuss the problem of policy from civil law view, andbring some better suggestion which is solved the problem of housing restrictions policy.Civil law perspective of this article includes the real right limit and goes deep into theownership restrictions. In addition to preface part is divided into five parts.The first part, introduce the first housing restrictions on background and basicconnotation, restrictions on housing is subject to households that buy a house, in presenceof family condition for the city residents; The family can provide city residents of this citymore than1year or2years tax certificate or social insurance pay to purchase a set of; Thecity residents family cannot provide more than one year this city tax certificate or socialinsurance pay to purchase two sets of measures or discontinued. Clear restrictions onhousing are the nature of a civil policy.The second part, to look to the property law field, the first of the real right limit andthe exercise of limit analysis, the meaning, causes and ways clearly discussed in this articlethe definition of the concept of real right limit, after an analysis of the rationality ofownership restrictions, the ownership of the article discussed the meaning of the limittheory content, ownership restrictions have put forward the characteristics of complexity,diversity and difference. The article deals with the real right limit and the problem of therelationship between the building restrictions on, from the proportion principle, principle oflaw reserve and necessary three aspects, this paper analyze the reasonable housingrestrictions on legitimacy and interpretation.Restrictions on house, the third part, as a major policy of the real estate market, not only need to consider its legitimacy, more need to consider its economy. The author by pareto efficiency theory and cost analysis and feasibility analysis of building restrictions onappropriateness, at the same time with the civil law in real life issues conflict as a focalpoint to comprehensively consider the feasibility of building restrictions as well as theadvantages and disadvantages, put forward that building restrictions enacted does notconform to the choice of pare to optimality, artificially raise the cost of the law, seen fromthe social and economic life, the illegal cost is greater than the law-abiding cost, restrictionson certain level in the short term suppresses excessively rising property prices, but in thelong term, housing is irrational restrictions and efficiency.The fourth part, the article firstly analyzes the legitimacy of the restrictions on housing,that restrictions on various performance, violation of property rights registration systemproposed restrictions caused by ignoring the law execution and policy stability is not ideal,there are many problems need to be solved; In social life, the author, based on the analysisof evade restrictions on introduction, further restrictions on housing not perfect lead to civillaw is greater than the law of the cost of the cost, according to the social phenomenon, theauthor put forward the social costs and social effect is the key to evaluate housingrestrictions on problems.At the end of the part, the author who from the viewpoint of the civil law discuss thepolicy that how to balance between the freedom and restrictions、efficiency and justice.From author view, authority should be respect to the market transactions and publicinterests, consider with the transaction costs and the property rights. In the end, author isput forward some reasonable suggestions, aim at the present problem of housingrestrictions. The authority should fix the jurisprudence conflict. Meanwhile, with the helpof the real estate industry and the market regulation, the Government needs to control theeffective of housing restrictions and healthy development of the real estate market.
Keywords/Search Tags:Building restrictions, real right limit, ownership restrictions
PDF Full Text Request
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