Research On The Legal System Of Real Estate Appraisal

Real estate appraisal has a deeper historical origin in our country.There are some of phenomenon have occurred in the Song Dynasty,such as "the rich and the poor have no fixed trend,the field house has no fixed owner",or "the ancient field has eight hundred masters in thousand years,now change one every year".The land policy of not restraining annexation promotes frequent land ownership transactions.It promotes the development of real estate appraisal demand that farmhouses business has become the normality.The value of real estate and the idea of evaluation have sprouted.Real estate appraisal activities gradually emerged with land and housing transactions and other activities.But during the 1950 s and 1970 s,the abolition of private ownership of real estate and the prohibition of real estate sales and leasing led to the retreat of real estate appraisal activities.After 1978,driven by the reform and opening up,real estate appraisal activities began to revive.In 1993,the first batch of real estate appraisers were produced.With the paid use of state-owned land in cities and towns and the sale of commercial houses,the real estate appraisal industry has developed rapidly.Urban Real Estate Administration Law of the People’s Republic of China(hereinafter referred to as the“urban real estate administration law")was promulgated in 1994 and took effect on January 1,1995,establishing the legal status of the real estate price evaluation system.China has formed a legal system of real estate appraisal which is based on law,composed of several rules and centered on administrative licensing.China’s real estate appraisal legal system has some outstanding problems,such as lagging legislation,uneven quality of employees and doubtful social credibility.Although the real estate price appraisal system was clearly defined by legislation in 1994,however,the development of real estate price evaluation system and the repair of legal provisions are all passively improved,it lags behind practice,not forward-looking,and exposes some problems in theory and practice.Therefore,this paper tries to start with the emergence and development of real estate appraisal activities in China.Based on China’s national conditions of real estate evaluation legal system to carry out research,focus on the improvement of the legal system.Through the use of comparative research,literature induction,empirical research,normative research and other research methods,strive to explore the deficiencies of the existing real estate appraisal legal system and improve.Promoting long-term development of the legal system of real estate appraisal,make it a legal system that meets the requirements of China’s economic development law and the process of rule of law,aiming at contributing to the construction of legal system.This article is divided into five sections.The first part is the introduction.This part mainly introduces the research background,methods and significance,academic research status,innovation points.The section two is an overview of the real estate appraisal system.Beginning with the concept that connected with real estate appraisal,clarify the real estate appraisal behavior and the real estate appraisal legal system content.Introduces the legislative state of the current real estate appraisal industry,and analysis of the legal system of real estate appraisal research significance.The third part is the investigation and reference of the foreign legal system of real estate appraisal.By analyzing the advantages of the real estate appraisal legal system in the United States,Germany and The United Kingdom,this paper explores the enlightenment of the real estate appraisal legal system to China and draws on its beneficial experience.The fourth part is the problems existing in the real estate appraisal system of our country.Through the analysis of this system in foreign developed countries in the last part,comparing the current situation of this system in China,summarize the problems from the aspects of qualification certification,evaluation of legal procedure,legal supervision mechanism and legal responsibility,in order to make a breakthrough.The fifth part is the suggestion to perfect our country real estate appraisal system.According to China’s actual national conditions,it is suggested to establish a scientific registration license system,improve legal procedures for evaluating real estate and the real estate evaluation and supervision mechanism,clear real estate appraisal main body’s legal responsibility,and improve the legal system for evaluating real estate.The innovation point is the research content of this article.In this paper,the research background of behavior inspired from ancient China real estate deal,through the understanding of real estate appraisal activities and appraisers in ancient China,compare the legal system of real estate appraisal confirmed by modern China,analysis of the problems existing in the current real estate appraisal system and research experience from the legal system of real estate appraisal in foreign developed countries,divide different subjects,analyzes the internal logical relationship between government and market in the construction of real estate appraisal legal system.In the construction of legal system,all parties should realize benign interaction and improve the credibility of real estate appraisal activities.