房地产行政审批制度法律问题研究

发布时间：2018-06-09 22:44

本文选题：房地产开发 + 行政审批　；参考：《长春理工大学》2013年硕士论文

【摘要】：房地产行业是关系国计民生发展的关键行业,房地产行政审批制度辐射房地产行业包括房地产企业和房地产项目等的方方面面,并贯穿房地产行业从立项,到开发,到使用的全过程。因此,房地产行政审批制度的优劣直接影响房地产行业的发展,甚而影响国计民生的发展。我国的房地产行政审批制度形成较晚,体系尚不健全,特别是行政审批管理机构众多,机构设置不合理,管理权限和职能互有交叉,行政报批手续繁杂,审批随意性大,腐败现象滋生,立法缺位严重。这些情况势必阻碍房地产行业健康、有序、稳定地发展,损及社会利益、公众利益及房地产开发企业的利益。本文首先以房地产行政审批事项为切入点,以笔者所在城市为例深入调查房地产行政审批操作实务；其次通过与国外房地产行政审批制度对比,全面剖析我国房地产行政审批制度存在的问题,探寻这些问题存在的症结,尤其对房地产行政审批专门立法缺位,行政审批效率不高,违法审批责任追究不足,行政审批监督薄弱的问题进行深入的分析；最后笔者运用行政法学理论从颁行专门行政审批立法、提高行政审批效率、强化违法审批法律责任、加强行政审批监督几个方面提出建议,以期房地产行政审批管理制度在我国房地产行业发展过程中真正发挥指引、规范、推动作用。
[Abstract]:The real estate industry is a key industry related to the development of the national economy and the people's livelihood. The real estate administrative examination and approval system radiates all aspects of the real estate industry, including real estate enterprises and real estate projects, and runs through the real estate industry from project establishment to development. The whole process to use. Therefore, the merits and demerits of the real estate administrative examination and approval system directly affect the development of the real estate industry, and even the development of the national economy and people's livelihood. The administrative examination and approval system of real estate in our country has been formed late, and the system is not perfect. Especially, the administrative examination and approval system is numerous, the organization is not set up reasonably, the management authority and function are intersected, the administrative reporting procedure is complicated, and the examination and approval is arbitrary. Corruption is breeding and legislation is lacking seriously. These conditions are bound to hinder the healthy, orderly and stable development of the real estate industry, and harm the interests of the society, the public and the real estate development enterprises. Firstly, this paper takes the administrative examination and approval of real estate as the starting point, taking the author's city as an example to investigate the practice of administrative examination and approval of real estate; secondly, by comparing with the administrative examination and approval system of real estate abroad, This paper comprehensively analyzes the problems existing in China's real estate administrative examination and approval system, and explores the crux of these problems, especially for the absence of special legislation for real estate administrative examination and approval, the low efficiency of administrative examination and approval, and the lack of accountability for illegal examination and approval. Finally, the author applies the theory of administrative law to enact special administrative examination and approval legislation, to improve the efficiency of administrative examination and approval, and to strengthen the legal responsibility of illegal examination and approval. This paper puts forward some suggestions on strengthening the supervision of administrative examination and approval in order to bring the real estate administrative examination and approval management system into play in the course of the development of real estate industry in our country.
【学位授予单位】：长春理工大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.1;F299.23

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