An Analysis Of The Unbalanced Interests In The Development Of Real Estate And The Improvement Of The Legal System

In recent years, the real estate industry of our country has developed rapidly. However, a lot of problems have arisen during the process of development and the phenomenon of unbalanced interests in the development of real estate has become increasingly prominent. For example, the developers and the local government benefit a lot from the real estate's rising prices, while many ordinary residents cannot afford to buy the house. So consumers of commercial houses are in a weak position. In the same time, it is very common that the cost of construction project has been defaulted, which has disadvantageous impact on the national economy and social development. Therefore, this thesis concentrates on exploring the phenomenon of unbalanced interests among the diversified subjects of real estate and probing into several theoretical problems concerning the improvement of the legal system, in the hope that it could provide some references to the improvement of the legal system of real estate in our country.This thesis adopts the theories of jurisprudence and legal economics as its research method and uses the method of comparative analysis and empirical analysis to analyze the phenomenon of unbalanced interests in the development of real estate in our country and to explore the causes behind this phenomenon. It also proposes some suggestions on the improvement of the relevant legal system in order to make the interests of all parties balanced.This thesis is divided into three parts.Chapter 1 gives a brief introduction to the phenomenon of unbalanced interests in the development of real estate and explains its connotation and influence.Chapter2 explores the causes behind this phenomenon. It points out the institutional cause of this phenomenon and analyzes it from the perspective of legal economics. It holds that the underlying cause is all parties' pursuit of maximization of their interests and information asymmetry as well as the defect of relevant legal system.Chapter3 is concerned about the improvement of relevant legal system and the construction of the mechanism for balanced interests in real estate development. This is the most important part of this thesis. With regard to the improvement of our country's land storage system, this thesis holds that it is necessary to unify the legislation of land storage, to improve the method of land supply, to adjust the role of government and to improve the system of public notification, etc. On...