对我国房地产业发展及其伴生风险分担的思考——兼论房地产调控措施的不足及政府定位

在房改政策及相关立法推动下,我国房地产业飞速发展并伴生各种风险。以抑制高房价为目的的房地产宏观调控措施不但未能起到防范房地产金融风险,保障公民"居者有其屋"的初衷,并且,在立法、司法审判和宏观调控措施的合力下,房地产业发展伴生的风险在房地产市场各参与主体间未能得到公平合理的分担。各级政府既是房地产宏观调控政策的制定者、执行者,同时也是房地产市场的重要参与主体和主要获利者。通过对历年房地产宏观调控实施效果及立法、司法审判对房地产市场的影响反思,提出合理防范、分担房地产业发展所致风险建议。

On the Real Estate Industry Development and Its Associated Risk Sharing in China: On the Lack of Real Estate Regulation Measures and the Position of Government

With the housing reform policy and legislation promotion, the real estate industry of our country is developing rapidly with the associated risks. The macroeconomic regulation of the the real estate with the purpose of curbing high housing prices has failed to guard against real estate financial risks and guarantee the home ownership. Under the joint force of the legislative, judicial, and the macro-control measures, the developing risk of the real es- tate market has not been shared. Governments at all levels are not only the real estate macroeconomic regulation policy makers and practitioners, but also the important participants in the real estate market and the main gainers. Reflecting the historical real estate macroeconomic regulation effect, and the legislation and judicial impact of the real estate market, this paper puts forward some reasonable suggestions for prevention and sharing of the risks caused by the real estate industry development.