Historical evolution of real estate law

After the founding of the People's Political Consultative Conference of China, the legislation of real estate law in China experienced a low level, chaotic procedures and lack of democracy and science in the early days of the founding of the People's Republic of China. Later, due to the influence of the ultra-left trend of thought in the Cultural Revolution, real estate legislation came to a standstill. With the convening of the Third Plenary Session of the Eleventh Central Committee and the smooth progress of reform and opening up, China's real estate legislation has stepped onto a new level.

1. the first stage:1949-19781,10, from the founding of new China to 1956. At the beginning of the founding of the People's Republic of China, according to the provisions of the China People's Political Consultative Conference, the state adopted a policy of takeover, confiscation, expropriation and requisition of real estate belonging to landlords, bureaucratic capitalists, counter-revolutionaries, war criminals, traitors and the Kuomintang government. The Central People's Government promulgated the Decision on Unified Management of Public Housing and Public Property in document 1949; 1950 Land Reform Law of the People's Republic of China, Measures for Handling Overseas Chinese Land and Real Estate in Land Reform, Regulations on Land Reform in Urban Suburbs, Guiding Opinions on Issuing Land and Real Estate Ownership Certificates, and Opinions of Land Policy Department of the Ministry of Interior on Current Urban Real Estate Problems; 195 1 provisional regulations on urban property tax and instructions on confiscating the property of war criminals, traitors, bureaucratic capitalists and counter-revolutionaries; 1953 "measures for land requisition for national construction" and 1955 "model regulations for agricultural cooperation" promulgated by the State Council.

2. From the second half of 1950s to before the Cultural Revolution. 1956 "opinions on the basic situation of urban private real estate and socialist transformation" transforms private houses by paying rent to the owners, transforming the land occupied by private enterprises into public ownership, and fundamentally establishing the socialist public ownership of urban real estate. 196 1 policy document on the transformation of private houses: joint notice on accelerating the socialist transformation of urban private rental houses and 1963 report on the socialist transformation of overseas Chinese rental houses; 1964 report on the socialist transformation of private rented houses, report on the socialist transformation of rented houses by compatriots from Hong Kong and Macao, 1965 opinions on the handling of pawn shops in the transformation of private houses, etc. These opinions, reports and notices undoubtedly played a guiding role in the socialist transformation of private houses.

3. Ten years during the Cultural Revolution 1966- 1976. During the Cultural Revolution, due to the influence of ultra-left ideological trend, the legal system construction of the whole country was greatly destroyed, and the urban real estate management was also in a state of extreme chaos. Private houses in many cities have been illegally taken over and confiscated, and public houses have been sealed up and destroyed. For a long time, real estate legislation was at a standstill. Not only has no new real estate management system been established, but the original management system has also been greatly damaged, which has seriously hindered the formation and development of China's real estate market. During the Cultural Revolution, many real estate disputes, especially the illegal seizure and confiscation of private real estate, were caused by the influence of ultra-left ideology and the confusion of policies.

The legislative features of the Real Estate Law at this stage are as follows: 1. The real estate legislation in this period mainly appeared in the form of departmental regulations and party policies. 2. Established the principle that urban land belongs to the state and rural land belongs to the collective, and completely eliminated the private ownership of land. Land supply is allocated by the government; The economic value of land has not been recognized. Urban housing is non-commercial. 3. Too little legislation; The legislative procedure is chaotic and lacks democracy; The legislative level is low, lacking in scientificity and standardization.

The second stage: 1979- 1994.

The General Principles of the Civil Law of People's Republic of China (PRC) can be divided into revival period (1979- 1988) and great development period (1988- 1994).

1, Renaissance (1979- 1988). After the Third Plenary Session of the 11th CPC Central Committee, after decades of silence, the real estate industry began to recover and became "hot". In order to make the real estate industry have laws to follow in all aspects of production, circulation and consumption, the state has strengthened the legal system construction in the real estate field, mainly in the following aspects: 1982, the State Council promulgated the Regulations on Land Requisition for National Construction and the Regulations on the Management of Rural Construction Land; 1983 Regulations on the Administration of Urban Private Houses, Interim Measures for the Collection of Construction Tax and Administrative Measures for Urban Individual Houses; 1984 "Regulations on Urban Planning" and "Several Provisions on the Administration of Private Houses for Foreigners"; 1985 Interim Provisions on the Construction and Management of Villages and Market Towns; 1986 Land Administration Law of the People's Republic of China, Provisional Regulations on Property Tax and Provisional Regulations on Urban Maintenance and Construction Tax; 1987 notice on strengthening the qualification management of urban construction comprehensive development company. In order to solve the problem of seizing and confiscating private houses during the Cultural Revolution, the policies to implement real estate mainly include: the General Office of the Central Committee of the CPC (1980) No.75 "Notice of the Central General Office on Further Implementing Private Houses Policy in Handling the Occupation of Private Houses by Government Organs and Troops"; 1982 Notice on Forwarding Opinions on Further Implementing Private Housing Policy; 1984 "Opinions on Accelerating the Implementation of Private Housing Policy for Overseas Chinese"; 1985 "opinions on handling the problems left over from the socialist transformation of urban private rental housing", 1986 "supplementary opinions on further implementing the minutes of the enlarged meeting of the central policy implementation group"; 1987 supplementary opinions on implementing the overseas Chinese private housing policy, 1987 notice on further handling the remaining problems of urban private housing. The official handling of state-owned real estate began with 1983, 1983 "Notice on Handling Opinions on Abandoning Hosted Real Estate by Kuomintang Military and Political Personnel" and 1984 "Opinions on Accelerating the Implementation of Overseas Chinese Private Housing Policy"; 1987 supplementary opinions on implementing the private housing policy for overseas Chinese; 199 1 Notice on Handling the Property Problems of People Going to Taiwan.

2. During the period of great development (1988- 1994), 1988, the National People's Congress passed the constitutional amendment, and the land use right can be transferred according to law, establishing a system of paid and limited land use. In the same year, the National People's Congress passed the amendment to the Land Administration Law of the People's Republic of China. 1989 urban planning law of People's Republic of China (PRC), regulations on the management of urban dangerous houses and regulations on the management of urban adjacent houses; 1990 interim measures for the management of urban housing property rights, interim regulations on the use and transfer of urban state-owned land in People's Republic of China (PRC), interim measures for the management of foreign-invested development and operation of plots of land, and regulations on the management of urban housing demolition; 199 1 Provisional Regulations on Assignment and Temporary Transfer of Urban State-owned Land Use Rights in People's Republic of China (PRC) and Regulations on Management of Urban Housing Renovation; 1992 interim measures for the price management of commercial housing, detailed rules for the implementation of dealing with the real estate problems of former Taiwan personnel, interim measures for the management of after-sales maintenance of public houses, and measures for the management of national standards for engineering construction; 1993 Regulations on the Administration of Planning and Construction of Villages and Market Towns, Measures for the Administration of Planning and Assignment of Urban State-owned Land Use Rights, and Measures for the Administration of Planning and Assignment of Urban State-owned Land Use Rights; July 1994 "Administrative Measures for New Urban Residential Quarters". The real estate legislation in this period is incomparable in quantity and quality in the previous period.

Characteristics of current real estate legislation: 1. With the reform of the economic system, the development of real estate has been highly valued by the competent authorities, and a large number of real estate laws, regulations and policies have been formulated, especially the General Principles of the Civil Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Land and Land Management, and the Law on Land Ownership and Use Right. 2. The legislative status of real estate has been improved. In the past, we used to use policies and administrative orders to manage real estate, but now this method has been replaced by laws and regulations. Promulgated laws and regulations have played an important role in adjusting people's various legal relations in real estate property rights, real estate development, construction and operation. 3. The object and scope of real estate law adjustment are expanding. The adjustment object of real estate law has expanded from the original real property right, private house sale and lease to the present, including not only the original adjustment scope, but also new fields such as real estate development, construction, real estate transaction, mortgage, real estate use and consumption. 4. The number of real estate legislation has increased dramatically, and there are a lot of judicial interpretations. The Ministry of Justice has issued more than 100 judicial interpretations on real estate, with sound departmental regulations.

The third stage: from the promulgation of 1994 "People's Republic of China (PRC) Urban Real Estate Management Law" to the legislation of real estate law.

1. Drafting and promulgating the Law of People's Republic of China (PRC) on Urban Real Estate Management. 1988, on the basis of investigation and study, the Ministry of Construction began to draft the People's Republic of China (PRC) Urban Real Estate Law (hereinafter referred to as the Real Estate Law), and in 1992, the drafting leading body and drafting group were established. 1February, 1993, the real estate law expert demonstration meeting was held in Beijing. At the national construction work conference in April, the drafting group also listened to the opinions of the delegates; In May, the second expert demonstration meeting was held with representatives of the National People's Congress and the Legislative Affairs Bureau of the State Council to solicit opinions from relevant ministries and commissions in the State Council; In July, the Ministry of Construction reported the development of the Real Estate Law to the Legislative Affairs Bureau of the State Council and the Financial and Economic Committee of the National People's Congress respectively, and revised the Real Estate Law according to the requirements put forward after the report. In August, the executive meeting of the Ministry of Construction deliberated and formed the draft Real Estate Law. 1 994 was deliberated and passed at the 8th meeting of the 8th the National People's Congress Standing Committee (NPCSC) on July 5th, and it was named "People's Republic of China (PRC) Urban Real Estate Management Law", which came into effect on June 1995+ 10/day. People's Republic of China (PRC) City Real Estate Management Law has a rigorous structure and a complete system, which is divided into seven chapters and 72 articles, including general principles, real estate development, real estate transactions, real estate ownership registration management, legal responsibilities and so on. The promulgation and implementation of this law has filled the gap in the legal construction of real estate in China, marking the development of China's real estate industry has entered a new era of legal management. 2. After1994, China's real estate laws and regulations have been improved day by day, and various real estate rules and regulations have been established and improved. The main laws and regulations are: 1994 Measures for the Administration of Newly Built Residential Quarters in Cities, Measures for the Acceptance of Initial Decoration of Residential Projects, Detailed Rules for the Implementation of the Interim Measures for the Administration of Foreign Enterprises' Qualification for Contracting Projects in China, Interim Measures for the Administration of Foreign Enterprises' Qualification for Contracting Projects in China, and Measures for the Administration of Construction Projects. Interim Measures for the Administration of Urban Real Estate Development, Measures for the Administration of Urban Housing Leasing, Measures for the Administration of Planning and Construction of Established Towns, Regulations on the Administration of Building Decoration, Regulations on the Supervision of Engineering Construction, Decree No.49 of the Ministry of Construction and the Ministry of Public Security, and Interim Measures for the Charge of Property Management Services in Urban Residential Quarters approved by the State Planning Commission and the Ministry of Construction. Detailed Rules for the Implementation of the Regulations on Registered Architects in People's Republic of China (PRC), Measures for the Administration of the Qualification of Township Construction Artisans and Interim Provisions on the Publication of Real Estate Advertisements; 1996 "Qualification Grade Standard for Construction Enterprises of Building Curtain Wall Engineering" and "Regulations on Management of Urban Real Estate Intermediary Services"; 1997 notice of the Ministry of construction on printing and distributing several opinions on improving the quality of residential design and strengthening the management of residential design, the trial measures for the management of family room decoration and the construction law of People's Republic of China (PRC); 1998 Regulations on the Administration of Urban Real Estate Development, Regulations on the Administration of Environmental Protection of Construction Projects and Regulations on the Implementation of the Land Administration Law of the People's Republic of China; Regulations on Quality Management of Construction Projects, Regulations on Survey and Design of Construction Projects, Regulations on Qualification Management of Real Estate Development Enterprises, Measures for Management of Real Estate Surveying and Mapping, and Trial Measures for Management of Property Rights Guarantee in 2000; Regulations on the Administration of Urban Housing Demolition, Measures for the Administration of Commercial Housing Sales and Decision of the Ministry of Construction on Amending the Measures for the Administration of Urban Commercial Housing Pre-sale 20065438+0; In 2002, the State Council promulgated the Decision on Amending the Regulations on the Management of Housing Provident Fund, the Measures for the Administration of Interior Decoration of Residential Buildings and the Detailed Rules for the Implementation of One-time Decoration of Commercial Residential Buildings. Since then, China has promulgated a large number of administrative regulations and rules, which are limited in space and will not be listed one by one.

At present, the legislative characteristics of China's real estate law are: 1. At present, a large number of real estate legal relations exist in the form of regulations, measures, provisions and detailed rules through administrative regulations promulgated by the State Council and departmental rules formulated by the Ministry of Land and Resources and the Ministry of Construction, and the legislative level is low. There are many local laws and regulations formulated by local people's congresses and their standing committees that enjoy legislative power. 2. China's basic real estate law "People's Republic of China (PRC) Urban Real Estate Management Law" has been established, and the corresponding laws and regulations are improving day by day, and various rules and regulations related to real estate are constantly improving.