On Restriction Of Property Rights Of Citizens In The Behavior Of The Housing Purchase Restrictions

Since2010, The State Council of the People’s Republic of China has promulgated fivehousing-related real estate policies, such policies are purchased to limit citizens buyingcomplex number housing as the main content, collectively referred to as the behavior ofhousing purchase restrictions. And the behavior of housing purchase restrictions have dualattributes of abstract administrative acts and civil policy, the main purpose of its establishis to contain the faster housing price increases, in order to reduce prices and stabilize the realestate transaction market orders and the Social Economic Orders. After the promulgation ofthe policies it indeed bring some success, we can not to deny the success of policies, but atthe same time, there still have a terrible phenomenon. That is the restrictions on the citizento participate in housing transactions, directly affect the autonomy of buyers and sellers toparticipate freely in the civil activities, and against to part of the terms of the current civillegislation. Civil entities engage in civil activities should be take freedom as the premise,but the behavior of housing purchase restrictions intervene housing-market byadministrative means, it is blocking the reflecting of freedom in a certain.This paper is try to take a deep analysis about the conflict of the behavior of housingPurchase Restrictions between citizens’ exercise of property rights as a precondition, startedthe following two aspects. These are how to measure the public interest and individualinterest in different situation and different understanding about civil law by the naturalisticconcept market mode and unnatural concept market mode, to explore the cause of conflictbetween the behavior of housing purchase restrictions and citizens’ exercise of propertyrights. When measure of public interest and individual interest, can not blindly make publicinterest priority of individual interest, should take into account the specific circumstancesand the negative impact caused by the expense of the interests of which type is relativelysmall, trade-offs the pros and cons before making the decision. The public interest does notnecessarily priority of individual interests, individual interest does not necessarily giveway to public interest. On the other hand, there are two different modes in the civil lawfield,they are the naturalistic concept market mode and unnatural concept market mode,thetwo concept of civil law mode, make a different understanding of civil law, resulting inthe relationship about civil law and politics, the national policy is also different. When thecivil law is closely linked to a country’s policy, is not the pure pieces of private law legal,but with a clear political, in reference to the current policy direction of the country underthe premise, its content changes, can involve in the political content, or with moderatepolitical characteristic to regulate civil activities, which is unnatural concept of socialist market mode of understanding of the civil law, under this understanding of for housing thepurchase behavior of restrictions on citizens to purchase housing issue provides an adequatelegal basis. Other hand, if the departure from the civil law concept of naturalistic marketconcept mode, the behavior of housing purchase restrictions to adopt administrativemeasures to regulate the practice of civil activities will be slightly improper. In thelegislation in Germany, France and Japan, with reference to foreign legislation on the termsof the public interest and the terms of the civil rights approach, can be found in the foreignlegislation generally adopt this practice-all involved need to limit the civil rights and thepublic interest priority of individual interest, by the Constitution or laws enacted by thelegislature to make provision, rather than through administrative regulations. Fundamentalrights of citizens with national rights is in same status, the state (government) to be limited,there must be get adequate legal basis as the basis, otherwise, it is a great violation of therights of citizens. Compared with foreign legislation, China’s legislative faced some lacking.The behavior of housing purchase restrictions essentially belongs to the abstractadministrative act is not law, whether it is a principal or establish procedures there is acertain distance with legal. From a legal perspective, administrative normative documentsto limit the civil activities should have equal freedom and democracy, there are someproblems. Therefore, it is necessary to adjust the behavior of housing purchase restrictions.However, in the current situation of China’s real estate market, rising prices have not onlyaffects the daily lives of nationals, but also greatly affected the level of development of thenational economy, the existence of an act of housing purchase restrictions can be seen fromthe practical considerations is more reasonable, but due to the restrictions on the exercise ofthe property rights of citizens, have the necessary content to adjust and perfect the purposeof lower prices and maintain social order and stability at the same time, the maximumdegree of reduction of the rights of citizens against. Through the analysis of the abovecontent, use this as the basis, proposed by government policy, social policy and adjust theBehavior of Housing Purchase Restrictions those ways, the perfect legitimacy basis andreasonable basis of the Behavior of Housing Purchase Restrictions limiting the propertyrights of citizens and legitimacy, trying to put forward a remedial exercise to completeBehavior of Housing Purchase Restrictions restrict on civil property rights.