府院联动视角下化解处置问题楼盘的规范进路

The Standardized Approach to Disposing“Problematic Buildings”from the Perspective of the Interaction between the Government and the Court

目前化解处置问题楼盘面临诸多困境,现有解决方式乏力,问题楼盘的现实症结在于“再融资”和“再运营”难题,集中表现为融资方式单一和破产房企信用殆尽。以行政权和司法权的良性互动化解处置问题楼盘是缓解并消除社会矛盾的全新视阈,将府院联动机制嵌入问题楼盘化解具有价值统一性和需求一致性,亦可弥补行政失位并促进司法能动。依托府院协作构筑破产信用修复制度可缓解“再运营”障碍,为非法律事务的现实羁绊松绑;应用府院协同搭建新样态融资渠道可解决“再融资”难题,推动烂尾工程融资续建。借助政府和法院的双重力量有益于问题楼盘化解处置,促进房地产开发企业重整再生,进而实现资产盘活和资源流动。

At present,there are many difficulties in disposing problematic buildings,and the existing solutions are weak.The crux of the problematic buildings lies in the problems of“refinancing”and“re-operation”,which are mainly manifested as the single financing method and the exhaustion of credit of bankrupt real estate enterprises.Resolving the problem of problematic buildings through the benign interaction of administrative power and judicial power is a brand-new perspective for eliminating social contradictions.The embedded problem of the interaction mechanism between the government and the court has the unity of value and the consistency of demand,which can also make up for the administrative deficiency and promote the judicial initiative.Relying on the cooperation of the government and the court to construct the bankruptcy credit repair system can alleviate the obstacles of“re-operation”and relieve the realistic fetters of non-legal affairs.The application of cooperation between the government and the court to build new financing channels can solve the problem of“refinancing”and promote the financing of unfinished buildings.With the dual power of the government and the court,it is beneficial to solve the problem of problematic buildings,promote the reorganization and rehabilitation of real estate enterprises,and finally realize the revitalization of assets and the flow of resources.