Research On Legal Issues In The Macro-control Of The Real Estate Market

Since the reform of our housing system,the government starts to vigorously support the real estate sector,which makes it develop rapidly,and gradually becomes the pillar of economy in China.But with the degree of marketization getting deeper,the limitations of market regulation on real estate become more and more obvious,"prices increasing irrationally,"" imbalance between supply and demand,and imbalance of the structural,"" speculation in the real estate market" and other issues are appearing.In order to solve these problems,the government began to regulate the real estate market thoroughly in 2003.The country issued a series of policies about land,financial and taxation,and wish to use these control measures to balance supply and demand,regulate the price of real estate,satisfy people's housing demands,and promote the real estate market develop healthily.But because of the imperfect of the real estate legal system and relative systems,government's regulation to the real estate market didn't achieve its desired results.So we must research the legal issues of the real estate market macro-control.Whether resort economic or administrative means,the manner of the macro-control should be based on the law.The legal norms are the sources of the macro-control power.It can regulate the power to run and prevent the abuse of power.This thesis is based on current situation of the real estate market macro-control,and focus on the main legal issues of it.To help our country address these issues,this thesis tries to draw successful experience of developed countries in dealing with these issues,and combines with the actual situation of our country,the purpose of its is to find the ways to perfect our systems of legal regulation of the real estate,and solve the current problems in front of us in the real estate market macro-control.This thesis adopts a variety of research methods such as literature research,comparative research,historical research,logical analysis and so on.Purpose of the study is to help legal means play its basic role in the real estate market macro-control,and let it guides economic and administrative means.And to achieve the purpose of promoting the real estate market healthy and stable development.This thesis presents that the control policies have not yet been systematic,the policy of macro-control have not been performed standardized by local governments,and the affordable housing is in short supply are the three main legal issues which exist in the real estate market macro-control at this stage in our country,which therefore influence the effects of the real estate market macro-control,so we failed to achieve the desired goal of control policies.In order to solve these problems,we can learn from successful experience of foreign countries,and aid to legal system of the real estate.By institutionalized the control policies,standardized the behaviors of the local governments in carrying out control policies,and increase supply of affordable housing,so we can play the role of security housing policy,and eventually build the legal system of the real estate market macro-control with the characteristics of China.The thesis is composed of four major chapters.In chapter one,I from market failure and government' responsibility two perspectives expound the legitimacy of the government's regulation on the real estate market.In the basis of the first chapter,the chapter two proposes three main legal problems in the regulation of the real estate market,and specifically analyzes these issues.The chapter three introduces the United States,Japan,Germany,Singapore and other countries' successful experiences in dealing with these issues,and the revelation we can get from these country.The last chapter in view of the front questions,by drawing lessons from foreign experiences,we put forward suggestions on improving the legal system in the real estate market macro-control in our country.We hope to solve the problems of China's real estate macro-control at this stage,and to provide some theoretical supports and helps to the real estate macro-control.