Legal Risk Prevention And Control Of Real Estate Development Enterprises

In recent years,with the establishment and improvement of China's real estate industry development system,the rapid development of real estate industry,real estate development is also changing with each passing day,real estate transactions are growing rapidly,real estate has become one of the pillar industries of China's market economy.Real estate industry plays an important role in boosting domestic demand,real estate industry and related upstream and downstream industrial chain interaction,can drive residential decoration,building materials,furniture,home appliances,durable goods and a series of industries.In recent years,in order to curb the rapid rise in house prices,promote urbanization,unleash the potential of domestic demand,the Government continued to carry out real estate regulation.In the case of house price control,increasing difficulty of financing and rising debt ratio,the management of legal risk by real estate development enterprises is particularly important,among which the most effective way is to establish a perfect legal risk prevention and control system for enterprises.Real estate development legal risk,is the real estate in the development and operation process of the implementation of the behavior,foreseeable or unpredictable caused by the law or the possibility of violating the law.Real estate development enterprises from the establishment to development,management,during the period involved in a large number of links,legal risks throughout.The traditional real estate legal risk prevention and control mainly focuses on the after-action prevention and control after the emergence of risk,is a typical "problem" oriented,head-scratching solution,mainly focused on the litigation level to solve the problem.Because of the various uncertainties of litigation,it is inevitable that all kinds of risk events will be difficult to solve in time after the occurrence,the loss can not be fully recovered,time-consuming,poor controllability.Through the introduction and analysis of the concept of risk and the concept of legal risk,this paper sums up the main legal risks that often occur in real estate development enterprises at various stages of real estate development and puts forward some concrete suggestions,and studies the establishment of a perfect real estate legal risk prevention and control system.Risk point identification,as the starting point of legal risk prevention and control in real estate development enterprises,evaluates and analyzes the risk points,sums up the common countermeasures and operational processes after the relevant risks appear,and improves the level of risk monitoring on this basis.Finally,from the point of view of the legal function of enterprises,combined with internal audit,legal training and contract review,this paper discusses how to prevent and control the legal risks of real estate development enterprises,and through the systematic induction of the risk points of real estate enterprises and put forward suggestions to help real estate enterprises to enhance the ability to solve problems quickly after the emergence of risk.