Analysis On Public Law Of China’s Real Estate Regulation

The real estate industry is the pillar industry of our national economy, and it is the important industry for economic development of our country. Meanwhile, housing is the material guarantee for human survival and development; the right of housing is an important basic human right. In recent years, the real estate industry in our country developed rapidly, and has made a significant contribution to the development of national economy. The living conditions of residents have also been improved. However, due to the imperfect market economy system of our country, the defects of the market itself and the problems existed in our government’s management in real estate market, there are many problems in our real estate market. These questions are mainly reflected in the bubble development of the real estate and the soaring housing prices. At the same time, housing prices have been the focus problem of the real estate market. The housing problem has become an important livelihood issue and the third big mountain on the shoulders of the Chinese people following the health care and education.The real estate market has caused a great concern of the government. And in recent years, our government has taken lots of measures to stringently regulate and control the real estate market. The regulation and control of real estate market has achieved some success, such as real estate market is more standardized, housing security system is gradually being improved. But the effect of the regulation of real estate is not very satisfactory; especially housing prices are still climbing higher and higher and the disadvantaged group still can’t afford a house. Meanwhile there are still many problems in the process of the regulation and control of real estate industry, such as:now the current real estate regulation only pays attention to policy regulation, while ignoring the legal protection of the regulation of real estate; real estate regulation as the form of government exercising its power should follow the concept of limited government that the power has its limit, but in the real estate regulation, the right of government’s regulation is so arbitrary; the system of protecting individual interest has been lacked during the process of regulation, that is to say Public Law relief system now is imperfect in our country. Currently our real estate regulation was caught in a dilemma. And there is a kind of voice in the regulation and control of real estate industry that whether it is necessary for government to regulate the real estate and whether the government can regulate real estate market well. Economists analyzed the regulation of real estate from a macroeconomic perspective, while the management expert analyzed the regulation of real estate from the perspective of the government.The regulation of real estate is a part of macro-control and at the same time is an important function of the government. So the regulation of real estate has great significance to the development of the whole society. This paper is going to analyze the current situation of the regulation of real estate from the point of view-public law. In this paper the author demonstrated the two problems by use of the knowledge of public law. First, demonstrate the necessity and rationality of the regulation of real estate. As a kind of government’s function, the regulation of real estate has the basis of public law. The second chapter of this paper state discourses public law basis of the regulation of real estate. The right of abode as a basic human right needs the protection of the country. And in practice, many countries have raised the right of abode up to the height of Constitution. In order to protect public interest, property rights need to be limited. Housing is important real estate, but the use of property rights is limited. Public ownership of land property in our country made the government have the obligation of regulating the real estate industry. Secondly, analyze the reason of bad effect of real estate regulation. The third chapter of this paper analyzed the current situation of the regulation of the real estate industry of our country and also analyzed some typical regulation policies. The reasons of poor real estate regulation are summarized as follows. First, the poor regulation was caused by the regulation policy itself and some problems existed in the process of regulation. Lack of law rationality made the real estate regulation get low recognition. Because of self-interest, local governments did not carefully execute the regulation policy. The arbitrariness of public power made the "visible hand" stretch too long and that betrayed the market discipline. Furthermore, the regulation system is not very sound. The author put forward some suggestions for the improvement of our real estate regulation in the last part of this paper. Hopefully these suggestions will be useful to our real estate regulation so that the real estate regulation will be more scientific and effective.