论房地产市场法律规制与政策调控

On Legal Regulation and Policy Regulation of Real Estate Market

随着我国经济的发展,人们对幸福生活追求的最基本愿望就是"住有所居",住房成为人们社会生活中的刚性需求。这种刚性需求助推了近20年来房地产市场的飞速发展。但我国房地产市场还缺乏成熟的立法基础,政策调控较多而法律规制较少,调控的随意性也较大,政策调控机制不完善导致调控效果往往达不到预期。我们应从国外发达国家房地产市场的法律规制和政策调控中借鉴经验,完善我国房地产市场法律体系,并运用税收等多种手段,不仅保障房地产市场健康平稳发展,还要保障低收入人群的住房需求,形成完备的法律体系和政策调控机制。

With the development of Chinese economy,the most basic desire of people to pursue a happy life is to“have somewhere to live”.Housing has become the most basic demand in people's social life.This rigid demand has boosted the rapid development of the real estate market in the past 20 years.However,China still lacks mature legislation in the real estate market.Basically,there are more policy regulations and less legal regulations,and the arbitrariness of regulation and control is greater.The imperfect policy regulation mechanism often leads to failure of the control effect reaching expectations.We should learn from the experience of the legal regulation and policy regulation of the real estate market in developed countries,improve the legal system of the real estate market in China,and use tax and other means to ensure not only the healthy and stable development of the real estate market,but also the housing demand of low-income groups,and form a complete legal system and policy regulation mechanism.