The Research Of Government Regulation On Real Estate Development Land In China

The process of real estate development land transfer from its owner to user, i.e. from the state to real estate development enterprise, is a process in which land ownership changes significantly and state land policy is achieved. The one hand, as the owner of land, the government obtains equity income in the process of ownership transfer and promotes rational allocation of land resources. On the other hand, as the public manager, the government achieves the social demand and social objective for land and maintains normal land order via regulation of real estate development land. In the practice of China's real estate development land market, urban and rural markets are in a divided state, and government behavior losed. Facing subjects of real estate development land market of diversified interests, government, as the regulator, should observe the basic rule of the market economy, perfect regulation measures and take effective measures to promote sound development of the real estate market. This article focuses the research on the primary market of real estate development land, analyzes and evaluates current regulation system from such aspects as theory basis for government regulation of real estate development land, government regulation institution, market entry and exit for real estate development enterprises, and acquisition and use of real estate development land, and gives advices for improvement of government regulation based on current issues. Besides, though the government regulation on space above and under the earth is still in the budding stage, considering the resources value of such space and foresight of the regulation, this article studies the government regulation on space above and under the earth for real estate development land as a specific issue.Firstly, this paper theoretically analyzes the need of the government regulation on to real estate development land and possible drawbacks. The value goal for government regulation of real estate development land is to achieve essential fairness, social benefit and coordination of economic freedom and economic order. In order to better carry out institutional analysis, the paper has made the necessary review and sort out.the Institutional Change of government regulation on real estate development land.Secondly, since the regulation of central and local government conflict of interest, local government has motivation to deviate from the central government regulation targets.In practice, the central government and local regulation strategies exist differences Government regulation has costs, thus a comparative analysis of cost and efficiency helps design and offer regulation rules that could promote efficiency of allocation of real estate development land. In order to enhance the effect of government regulation of real estate development land market, it is suggested to weaken the motivation of the game between the regulatory bodies, separate the land administration function and land operation function of the government by establishing land asset management companies, form a standardized Evaluationsystem of regulation.To promote the formation of qualified real estate development market players, avoid the loss of land assets and achieve public goals, government not only the general form of market access and market exit regulation system, but also eatalish the special market access restrictions and compulsory delisting of land. The approval system for specific affairs of such enterprises can not guarantee actual rational use of real estate development land, and foster rent-seeking activities of the government regulation process. Therefore, it is imperative to raise the market threshold for subjects of the real estate development market, carry out dynamic qualification management on such subjects, and establish standardized regulation rules for such subject and.bring the role of self-regulatory organizations such as real estate associations into full play.To control land use by controlling the supply and supply structure of operating land is one of the important measures adopted by the government. Regulations relating to land planning and land use regulation measures must be observed for acquisition of real estate development land. The acquisition of real estate development land is through sales and transfer. methods for sales include agreement, invitation for bid, auction and nominal quotation. The government should bring the land control measures into full play and achieve the goal of land policies of the government via control of the acquisition process, work out integrated urban and rural planning, use a variety of real estate development land supply controls, perfect laws of land regulation, improve procedures for acquisition of real estate development land, introduce competitive mechanism, change the land transfer system to real estate development project transfer, strictly define the boundary of land allocation and sale, and regulate the flow of rural collective construction land order.Before actual use of the real estate development land acquired by a real estate development enterprise, new owner of land use right and original owner may have conflicts, which must be coordinated via urban house removal system and rural land expropriation system. For issues existing in the house removal system, the government should define its role clearly. On the one hand, existing land use system should be reformed to enable the relocated personnel to share the gain brought by real estate development; on the other hand, government regulation should be strengthened to safeguard legitimate interests of relevant personnel of relocation with administrative power. In order to avoid malfunction of government regulation, system restriction should be formed for government regulation activities.The actual demand for three-dimensional development and utilization of land pushes the government regulation to break through the tradition of two-dimensional management and form a three-dimensional management of land of various levels.The use of space above and under the earth further complicates the land ownership relations, thus exercise of land space right may lead to collision of land use right. The government can setup specific land space regulation institution, clear three-dimensional development of the control objectives and business philosophy, form the Encourage land use system of three-dimensional development, clear object scope of the right of space above and under the earth, implement integrated development and construction and.establish the mechanism to solve space right disputesIn final paragraphs, the article empirical analyzes the detailed contents of government regulation system with real estate development land in Beijing, evaluates the effect of regulation measures, analyzes problems in such measures and proposes based on basic theories established according to previous analysis. Problems existing in the primary market of real estate development indicate an interactive and three-dimensional regulation mechanism of mutual coordination between the government regulation function and the market mechanism should be formed. The government regulation should facilitate the formation of a interest balance mechanism for the real estate development market, improve the regulation measures and procedures in such aspects as government regulation institution, market entry and exit mechanism for subjects of real estate development, acquisition and use of real estate development land and use of space above and under the earth for real estate development land, and provide system guarantee for regulation of the real estate development land market.