On The Reconstruction Of Real Estate Law System

Real estate law system is the real estate related legal norms of the organic unity of the whole. In the process of real estate development and real estate market regulation, the method of theory and legislative practice of real estate in our country has a bigger development. With the gradual establishment of socialist market economy Chinese characteristics, the relationship between the government and the market gradually clears, inevitably faced with the problems of adjustment and improvement of the real estate legal norm system. And the nature of the real estate law determines the direction of our real estate legislation and perfect specific measures. How to grasp the nature of the real estate law, clarify the relationship between China’s real estate law and property law, land management law, and other relevant laws, grasp its position in the real estate law system in the reconstruction of the existing system of norms, it is very necessary to sift the existing standard system of real estate law. This article according to the close relationship of real estate law and economic law, by the spirit of economic law, from the perspective of economic law, In-depth analysis of real estate law system of our country and put forward the perfect measures.This article except preface and epilogue outside, were divided into three sections, more than30,000words.The first section is the theoretical analysis of real estate law system. It is aimed at the concept and structure of the real estate law system, in theory for the perfection of the law system of real estate. Real estate law contains the concept of broad sense and narrow sense, according to the real estate in the field of real estate law to specify the relations as the object of adjustment, it can be divided into adjusting state and legal persons and natural persons and other economic main body formed in the process of real estate development, trading of longitudinal management relations and adjust the formation of the lateral economic ties between equal subjects. Real estate law system is a common organic connection of all real estate legal norms of the whole. The development level of a country or a region real estate, real estate industry and the nature of the interest structure, lawmakers will orientation of the real estate legal system structure difference. Domestic scholars on real estate law system is divided into three levels of dichotomy, three points method and several views of observation points. Adjusting basic property relations between private property law should not be as the main part of real estate law. And land management, urban planning, building law and price law, advertisement law, consumer rights protection law and others related to only a part of the real estate industry,so it is only a part of the relevant laws and regulations in the law system of real estate. Residential and city real estate management law are becoming an important part of real estate law system. China’s current property law system should be based on the constitution as its basis, urban real estate management as the core, housing act as an important part, covering the relevant legal system.The second part is the nature of the real estate law. It is aimed to clarify the problems of estate legal characteristics. The location in the real estate law legal system in our country has always disputed. Although property law plays a crucial role in the real estate legislation, but the adjustment and regulate the real estate law are different from property law, So real estate law belongs to the category of the economic law is more persuasive. From the field of real estate and real estate law legal system, macro management and control of national production, circulation and consumption of real estate, and coordination with the development of whole national economy, are the embodiment of the function of economic law. From the analysis of the adjustment object of the real estate law, national adjustment of all kinds of social relations in the real estate market also reflects the unity of economic law aspect.The third part is the legislative situation and problems of our real estate law. This part is aimed at the characteristics of our real estate law analysis, explore our country real estate law legislation. Construction and real estate legal system is not perfect, real estate law system that cannot support the introduction of relevant legal dispute. Department of law legislation have different standards, led to repeated legislation and administrative power expansion. Land legislation lags behind and the tax law system is confusion, affect the standard real estate tax, and unable to promote the optimal allocation of land resources. Defective Financial regulations brought more risk for the real estate market, letting the real estate market lacks of stability.The fourth part is the reconstruction of real estate law system which in order to give the more perfect suggestions for the legislation of real estate law and promote the healthy development of real estate. First we should propose the construction standards and principles of real estate law system. Second, accelerating the change of real estate law, which lets the laws to achieve a unified coordination of supporting the implementation of real estate related. The land legislation, land approval, supervision, from the aspect of ownership land system into the orbit of the legal system. To improve the real estate tax legislation, we must perfect the system of tax legislative system, reform of real estate tax structure. We should revise and improve the financial legislation, strengthening financial supervision and regulation of real estate market. Housing security system and the real estate macro-control legislation, these are the concrete measures of real estate law perfect and the key to ensuring the operation of the real estate.