The Theory Of Real Estate Appraisal Legal System

Real Estate Appraisal is the essential part of the real estate industry. It is also animportant means to maintain the real estate market fair. Certain achievements havebeen made in team development and real estate appraisal legal system during the past20years. There are some outstanding issues in the development of the whole industrydue to a late start, such as Industry management system cross, the existence of viciouscompetition, tough practitioners of appraisers, low social credibility of appraisalindustry and so on. Although a series of laws, regulations and normative documentshave been issued in the respect of Real Estate Appraisal, special laws on the Appraisalhas been in a blank state all the time. Since China’s existing appraisal legal systemcannot meet the objective needs of the development of the Appraisal industry, wemust accelerate the pace of legislative requirements and constantly improve theassessment of the legal system to develop the appraisal industry. Real estate Appraisallegislation need to focus on three aspects: Firstly, strengthen the management ofappraisal subject; Secondly, the rights and obligations of the parties of the real estateappraisal should be clarified, and the basic system of the industry needs to beregulated; Thirdly, strict liability of Appraisals should be stipulated, and alsoviolations need effective punishment.This paper analyzes status quo of the legal regulation of real estate appraisalindustry, offers a proposal to develop and implement the "Real Estate Appraisal Law"on the basis of drawing on the experience of developed countries and regions,stipulates the rights and obligations of appraisal agencies, appraisers, appraisalmanagement agencies, the commissioning party, especially the strict legal liabilitystipulation on illegal behavior of appraisals, and also regulates the practice ofappraisers to ensure fair and free competition. Expropriation compensation appraisal is a special kind of appraisal type.It isstrong policy and widely used.It plays an important role to maintain public interestand protect the legitimate rights of the expropriated persons. The relevant provisionsof laws and regulations for the expropriation is relatively simple. In practicaloperation, there are great randomness and some problems in the appraisal ofcompensation for expropriation. This paper puts forward Countermeasuresand suggestions on the aspect of appraisal agencies, appraisal principles, publicparticipation, dissent remedy methods of appraisal system of China’s compensationfor expropriation.