The Legal Review of Real Estate Transfer System In Current China
| Autor | Yang Song |
| Cargo | Assistant Research Fellow. Law School of Southwestern. University of Finance and Economics |
| Páginas | 206-220 |
206 Internacional págs. 206 a 220 LA NOTARIA | | 1-2/2020
XX/XXXX
1. Overview of Chinese Real Estate Law
1.1. Development of Chinese Real Estate
Law
Real Estate Law in China regulates real
estate development, management, trans-
actions (including real estate transfers, real
estate mortgages, and real estate leases) be-
tween real estate owners and non-owners.
The general term for the legal norms of vari-
ous relationships occurs in the process of real
estate ownership and real estate manage-
ment. It includes the provisions on the adjust-
ment of real estate in the Constitution, civil
law, and economic law, as well as specic laws
including the Land Management Law, the Ur-
ban Real Estate Administration Law, and real
estate administrative regulations and depart-
ment or local regulations, etc.
According to the historical development,
China’s real estate legislation is based on
the economic reform and opening up of
1978 as a dividing point. It can be roughly
divided into two stages, that is, before1978
and after 1978. The former stage focused
on real estate ownership legislation, while
the latter stage strengthened legislation on
real estate development, trading, manage-
ment and intermediary services.
The rst stage: from the founding of Peo-
ple’s Republic of China in 1949 to 1978
The legislative features of the real estate
law at this stage are:
1. Establishment of state ownership of
land. The Land Reform Law, which was im-
plemented in 1950, began to completely
abolish the land ownership system of land-
lord and implement peasant land owner-
ship system and state-owned land reform.
2. Establishment of a collectively owned
land system for farmers. Article 13 of the
Model Charter of Advanced Agricultural
Production Cooperatives adopted at the
third session of the First National People’s
Congress in 1956 clearly stipulates that Chi-
na’s rural land will be collectively owned by
cooperatives, that is to determine the sys-
tem of collective ownership and collective
management of rural land in China.
3. Socialist transformation of urban pri-
vate houses. In 1956 the Opinions on the
Basic Situation of Current Urban Private
Real Estate and Socialist Transformation
transformed private houses by paying
rents to homeowners, and redeemed the
land occupied by private enterprises by
the state to nationalize them, making
urban land into public ownership. Since
then, the socialist public ownership of
urban real estate is fundamentally estab-
lished.
The second stage: from 1978 to the pres-
ent
The characteristics of real estate legisla-
tion at this stage are:
1. To establish and improve the legal
system of urban housing management.
China has successively promulgated
the real estate laws from 1980s, includ-
ed Regulations on the Administration
of Urban Private Houses, Interim Mea-
sures on the Collection of Construction
Taxes, Administrative Measures on the
Management of Individual Houses in
Cities and Towns in 1983;Regulations
on Urban Planning and Some Provisions
on the Management of Private Houses
for Foreigners in 1984; Provisional Reg-
ulations on the Management of Villages
and Towns Construction in 1985;Land
Management Law of the People’s Repub-
lic of China, and Provisional Regulations
on Property Taxes in 1986, etc.
2. To establish and improve laws on real
estate industry management and trans-
actions. The main legislations include the
Notice on Establishing and Improving the
Management of the Real Estate Transaction
Market issued by the former Ministry of
Construction in 1988, the Transfer of Urban
Land Use Rights of the People’s Republic of
China issued by the State Council in 1990
and the Interim Regulations on Transfer,
and Land Management Law(revised) legis-
lated in 1998 , Measures for the Administra-
tion of Pre-sale of Urban Commercial Hous-
es and Measures for the Management of
Aordable Housing legislated in 2004, the
Urban Real Estate Management Law and
the Property law legislated in 2007 (both
laws are revised in 2019) (1), etc. All of these
legislations are mainly to meet the needs of
the development of a socialist market econ-
omy and to improve the legal system for
real estate transactions with Chinese char-
acteristics. At present, a real estate manage-
ment system with the Land Management
Law, the Urban Real Estate Management
Law, and the Property Law as the core has
been formed.
1.2. The concept of Chinese Real Estate
Law
China’s current laws and regulations do
not clearly dene the concept of real es-
tate. The use of real estate in this article is a
combination of house property and landed
property. A house property is a property of
a house that has a legally distinct owner-
ship relationship. Landed property refers to
land and related rights.
The real estate in a broad sense includes
buildings such as land and houses, struc-
tures, supporting facilities for houses, and
natural resources such as minerals and
forests. Narrowly dened real estate refers
The Legal Review of Real Estate
Transfer System In Current China
Yang Song
Assistant Research Fellow
Law School of Southwestern
University of Finance and Economics
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