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政府对房地产市场的宏观调控既要保障市场机制的有效运作,又要保护市民社会的权利自治。市场自发调节容易产生两极分化,有违社会公平正义,造成社会不安定。而房地产又是直接关系到国计民生和社会经济秩序的稳定的行业,政府对房地产业的调控成为必须,但是这种权力要求限定在法律范围内,在依法行使的过程中,对公众造成损害要给予适当补偿,建立责任追究机制。在此背景下,宏观调控法律制度要在政府与市民社会间合理分配权力,并且建立完善的权力监督制约机制,保障政府宏观调控权依法行使。
The macro-control of the real estate market by the government not only guarantees the effective operation of the market mechanism but also protects the rights autonomy of civil society. Spontaneous regulation in the market is prone to polarization, which is against the fairness and justice of society and causes social instability. Real estate is a stable industry that directly affects the national economy, the people’s livelihood and the social and economic order. The government’s regulation of the real estate industry has become a must. However, the power requirement is limited within the scope of the law. In the course of exercising the law, Appropriate compensation, the establishment of accountability mechanisms. Against this background, the legal system of macro-control should rationally allocate power between the government and civil society and establish a sound mechanism for the supervision and control of the power so as to guarantee the exercise of the government’s macro-control power in accordance with the law.