The Legal Think Of Imbalance For Subject's Interests In Real Estate Marco-control

From 2001, whole country's house price of each big city soars all the way. In this huge benefits chain of the real estate profession, local government, Real estate development company, Bank, Fry building speculator to be placed in respectively of benefits demand, directly or indirectly push price, obtain politics or economy benefits from soar of the building price , make the whole appearance that the real estate market appeared a benefits disequilibria. This kind of benefits disequilibria the appearance be main performance be: the local government acquire huge economy, political benefits from the real estate profession, relaxed the charge of real estate profession thus, sell land, injure central government and the benefits of common buyer; The real estate development company store building, store ground and rise building price and injure the benefits of common buy ;Banking over hair loan, indirectly push price and result in the risk of finance , injure banking of farsighted benefits, common buier and central government's benefits; Fry building speculator to fry to sell house property, rise building price and injure common buy building and central government's benefits; But the central government then have to undertake the finance risk crisis, national territory waste of resources, political reputation loss etc. disadvantageous result; The common buier undertake high price and become building 'salave, their benefits were injured; the farmer's righ of enjoying the land's increasing value was deprived of, the life sink into a predicament and become the biggest victim in this benefits chain.The reason for the appearance of this kind of benefits, which is out of balance, is that there are imperfect law existence of our real estate now. The following are a few aspects: the government ground law for seller of our country rules and regulations isn't sound. The tax system reform in 1994 year is a local government act bent on the inducement of "land economy", and the "public benefits" defined up of blemish is the power in the village land which is not clear in this two land's offering. The sale for blemishing system is a local government bent on sell ground and theroot reason is the current land repairing system is not reasonable and compensating standard is low, which can't solve a land to increase it's value and an allotment is not a reasonable problem. The restriction to real estate loan of is not strict which causes bank over hair loan. Real estate revenue from tax and the rules and regulations is not appropriate. The real estate revenue from tax's existence is obvious of that system and the farmland taking up tax rate is too low and the land increment tax rate's constitution is not appropriate and lacking real estate retention link of revenue from tax. There are no restrictions from the Price law to the land's buying and selling and lnad's transfer. There are no detailed standard for real estate management legal system which invites development company hoard to made land provision. The city merchandise building prepares to sell a management way concerning the real estate company's contract to keep on record of provision existence loophole, causing development company to store building and rise building price.In order to adjust the real estate's imbalance, it has to perfect related real estate's law which contains the following aspects: firstly, perfecting real estate management method. Adopting the way of the democracy assurance of public benefits; passing constitution establishment in the land and taking over fair principle compensatation and reasonable exaltation land compensating standard and establishing national loss for fanner's guarantee fund and perfecting our country's village land collecting compensatation administration and judicial process so as to perfect village land's compensate standard. Meantime, the local government's wealth power has got strengthened and it's matter power also got incremented. So, it has to change presentland supply mode, speed old city area reformation. Second, enhencing restriction on the banking issue for real estate's loan, insuring the farsighted benefits of bank, striking control on real estate's loan management development, striking housing loan management and practicing retention to press differentiation to treat mortgage policy. Thirdly, perfecting real estate's revenue from tax system, re- opening to advertising for a fixed assets investment's direction to regulate tax and opening to advertising for house property added value tax, exaltations farmland to increase usage tax rate, perfecting land increment tax rate. Fourthly, perfecting price method and repudiating the file of the establishment real estate, keeping the inappropriate building price from upsurging. Fifthly, perfecting real estate's management method up to 25 provision and stricting dozens storage behavior. Sixthly, perfecting prepared- to -sell city's merchandise management way, stricting store building and raising building price behavior and restricting all partier's unjust interest.