Study On The Issue Of Legal Supervision Of Endowment Real Estate

The aging problem in China is increasingly prominent which leads to many social contradictions. The traditional family pension mode could no longer adapt to the development of the age and the social pension demand is great. Report at 18 th Party Congress puts forward that “We should bring as much benefit as possible to the people, resolve as many difficulties as possible for them, and solve the most pressing and real problems of the greatest concern to them. We should keep making progress in ensuring that all the people enjoy their rights to education, employment, medical and old-age care, and housing so that they will lead a better life”.The realization of “ensure people enjoy their rights to old-age care and housing” is not only the social ideal, but also the mark of social progress. Under the background of such an age, endowment real estate emerges as the times require. However, as an emerging industry, it inevitably has many problems which need regulation on it in accordance with the law.The construction of legal supervision of endowment real estate in China will standardize the development and management of endowment real estate effectively and promote the healthy and orderly market order of endowment real estate to guarantee the legitimate rights and interests of the old. Meanwhile, it is the objective requirement to realize administration in accordance with law in China and it is help to promote the process of legalization. With the awareness of problems, this paper starts from the dilemma of supervision legal system of endowment real estate in China. Combined with the foreign legislative experience and our concrete national conditions, it tries to construct the legal supervision of endowment real estate in China.The paper could be divided into four parts:Firstly, it is the general theory of supervision of endowment real estate in China. In this part, it puts forward the concept of supervision of endowment real estate, explores the supervision in two aspects which are moderate government intervention theory and public interest theory and proposes the speculation and risk of investment behavior, the weak status of consumer rights protection and multiple identity of government in transaction to prove the necessity to study the legal supervision of endowment real estate in China.Secondly, it analyzes the present status and dilemma of supervision of endowment real estate in China concretely. In this part, it lists the laws, policies and normative documents which are related to endowment real estate. Based on that, it analyzes three features which are policy, comprehensiveness and coordination. Moreover, it describes the dilemma of legal supervision of endowment real estate in China from three aspects which are insufficient special legislation of endowment real estate, lack of specialized supervising subject and short of encouraging policy.Thirdly, it mainly investigates the foreign legal supervision of endowment real estate and concludes the experience. In this part, it takes the USA and Japan as the examples and elaborates the present status of foreign legal supervision of endowment real estate. Based on that, it sums up the valuable experience in legislative path, legal system and legislative purpose.Fourthly, it combines our concrete national conditions based on the above to have the bold consideration on legal supervision of endowment real estate. In this part, it firstly chooses the legislative path of legal supervision of endowment real estate in China. Then, it conceives the concrete contents of supervision of endowment real estate, that is, the supervision of market access of endowment real estate in China, supervision of operation of endowment real estate in China and supervision of withdrawal mechanism in China. This paper hopes to achieve the function of standardizing endowment real estate market through the construction of legal supervision of endowment real estate in China to promote the long-term development of endowment real estate market.