Legal Consideration Of Improving Chinese Macroeconomic Regulation And Control Of The Real Estate Market

Since involving a wide range of other industries with strong impetus, the real estate has increasingly become an important component sector in the national economy. Our government has carried out a series of macroeconomic regulation and control on the real estate market, after which government has achieved some success. While, there are still a lot of problems, such as high prices and the real-estate market continuing to "high temperature". What effectiveness has the government regulations made? What are the problems? Whether the government regulations have deviated from the legal system of the future? How should our government by using legal means to improve macroeconomic regulation and control of real estate? These issues are worthy of our analysis and discussion. This paper start with the development of China’s real estate market and national means of macroeconomic regulation and control, analyzing the real estate macroeconomic regulation and control from the policy and legal aspects, and give legal advice against the existence of problems. At the same time, the paper also learns from the excellent experience of foreign countries in their development process of the real estate market. The article starts the first chapter with the concept of the real estate market and macroeconomic regulation and control. And then, it continues with the summary of the control means of the real estate market and the achievements of our country’s in recent30years, analyzing of the problems of real estate market, such as the inflated housing prices are:unrealistically high, real estate development of structural imbalance causes the shortage of effective supply, the confusions in the real estate market increase the speculative factors and the market risk. To solve these problems of real estate market, we can generalize in three major policies for financial, taxation and land. Although having achieved some success, we still did not reach the desired goal.The reason is that the control policies often taken by executive order, decision, notice and other documents, which causing the shortage of efforts to implement and constraint. Therefore, for the healthy development of the real estate market, it requires not only national administrative guidance, but also correction from the legal aspects of regulating the real estate market. Of course, it must be carried out after the introduction of the policy. For the party who resists the implementation should be investigated for legal responsibility by strengthen law enforcement. Then it comes to the main part of the in-depth articles. To the present continuing regulation, the paper analyzes from four aspects in detail, which refers to monetary policy, land policy, tax policy and revenue problem. The analysis contains the inadequacies, and compares some of the advanced experience of the foreign countries on their macroeconomic regulation and control of real estate. And it gives some sound proposal from a legal point of view in the last part.