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随着我国房地产业的发展,房地产投、融资需求成为推动我国不动产投资信托(REITs)立法的两个根据。从现有各个国家或地区的不动产投资信托立法来看,都表现出了商法通常所具有的技术性特征,即该立法由一系列的技术性规则组成,这些规则并非来源于法理逻辑,而是根据预设的价值取向由立法者设计出来的。本文认为,我国不动产投资信托立法
With the development of China’s real estate industry, real estate investment and financing needs have become the two bases for promoting the legislation of real estate investment trusts (REITs) in our country. Judging from the existing legislature of real estate investment trust in various countries and regions, all the technical traits that commercial law usually has are that the legislation consists of a series of technical rules, which are not derived from legal logic but based on Set the value orientation designed by the legislator. This paper argues that China’s real estate investment trust legislation