Research On The Legalization Of Real Estate Regulation

In recent years,with the development of economy and people’s living standards,the price of the real estate market has risen tremendously,which has far exceeded the expectation of the people and the purchasing power of ordinary people.Therefore,the government issued a series of control measures such as "restriction order" to suppress the high housing prices,which has inhibited the housing bubble and achieved certain regulatory effects.It can be said that the current real estate regulation in China has evolved into a real estate regulation in the form of "purchase restriction order" due to the characteristics of large number,frequency,efficiency and comprehensive means of "purchase restriction order".At the same time,we have noticed that the "restriction order" type of real estate regulation and control has a problem that deviates from the rule of law.In the process of real estate regulation and control,due to the lack of corresponding legal authorization,the conflict between the regulatory content and the constitutional law,contract law,and property law,as well as the regulation of power abuse and lack of power supervision,resulting in a serious of infringement of citizens’rights.Under the background of comprehensively governing the country according to law,real estate regulation and control cannot be an exception to comprehensively governing the country according to law.The rule of law in real estate regulation is not only the focus of current macro-control l,but also the key link for realizing the rule of law in a comprehensive manner.As an important part of macro-control,real estate regulation and control is the guidance of the state’s public power on the macro level,and the real estate control and control power is an important public power involving many legal relationships.In order to reduce or avoid the above problems,it is necessary to incorporate real estate regulation and control into the rule of law.Legalization is a process of restricting public power and strengthening private rights gradually.The key to its realization is to limit public power within the legal framework and prevent the abuse of power.To be specific,in order to realize the legalization of real estate regulation.Firstly,we should establish a legal system of real estate regulation and control,clarify the legislative principles,and make laws and regulations for real estate control.Secondly,on the basis of improving the real estate legal system,it is clear that the National People’s Congress,and its The decision-making body headed by the Standing Committee and the State Council,the local government as the executive body’s control system.We should make clear the special power of the central functional departments to prevent the abuse of power.In addition,when regulating the real estate market,the government should,on the basis of respecting the law of the market,economic freedom and private will,reasonably guide market players and reasonably define the limits of regulating the market.finally,it is necessary to improve the procedures of real estate regulation and control,implement the principle of statutory procedures,improve the public participation in the decision-making process,and accelerate the improvement of the supervision procedures for the responsibility of the regulatory subject and the system of guaranteed housing relief.