The Real Estate Financing Legalregulation Of The Reflection And Reconstruction

The real estate industry in the development of China’s economy not only plays a huge role in boosting,but also plays an important role in the promotion effect of GDP on the growth. However, due to the characteristics of the real estate industry itself, long cycle, large scale, high value and other characteristics, making the real estate capital becomes the key to the survival and development of enterprises. With the real estate industry produce a huge demand for funds, emerge as the times require various financing methods, but the relevant laws and regulations related to the financing of the real estate industry is not perfect, because of becoming the healthy development of the real estate industrial control. By analyzing the financing behavior of the century Real Estate Company in Handan, focusing on the law, the legal norms and legal operation of the real estate financing process, put forward a sound legal system of the existing real estate financing objectives and suggestions, At the same time, with the legal escort, avoiding the real estate financing market is not standard behavior, and thus that avoid the interference of the development of the market standard, improve financing body integrity, and ensure the healthy development of the real estate industry, and protect the livelihood issues of scientific development.This article carried on the summary analysis to the century Real Estate Company financing from a legal point of view, and put forward the countermeasures to solve the problem. First, in order to strengthen the administrative punishment, and improve the regulatory system the real estate development enterprises in the market during the term of operation of a serious violation of norms of behavior, and property buyers to sign for the after-sale charter contracts, also buying back clause in direct violation of laws and regulations. In addition, the sale of used to the buyer for the property transfer procedures of the time difference, they have obtained the title certificate mortgages, violated the interests of property buyers. Therefore, the author thinks that can be stopped in commercial housing mortgage to the buyers, and strengthen substantive review of the pre-sale contract. Secondly, as the real estate market, there are a variety of repeated mortgage phenomenons, so it should be banned from mortgage loans from banks pre-sale housing land use right, and perfect the relevant laws and regulations of repeated mortgage. Finally, due to the financing of private financing, most of the real estate enterprises adopting the present, many established in accordance with the law of the non bank financial institutions are also involved. In the capital chain rupture phenomenon caused by the high interest private have appeared, founding that China’s lack of specialized legislation of folk loan. While the definition of private lending and illegal fund-raising public deposited crime is not clear, many private lending the evolution of illegal absorbing public deposits, result in judicial practice, but the outcome of the trial is not uniform. Therefore, to enhance the overall level of legislation, the formulation and implementation of relevant laws and regulations system act strictly according to the law, and pay attention to the legal publicity and education activities, improving the supervision of people’s awareness.