The Research Of Ruled By Law About Property Purchase Limits

Clothing,food,housing and transportation are the foundation of people’s livelihood.For Chinese people who have a hometown plot,the house is the most important thing in life.Everyone wants to own their own house.In recent years,housing prices in many cities have continued to rise,and the domestic real estate market has developed rapidly.The rising housing prices have put a lot of pressure on the grassroots and gradually become a threshold that hinders people from improving their well-being.In order to effectively curb the continued excessively rapid rise in domestic housing prices,the State Council issued a series of measures such as the "eight articles of the new country",and local governments at all levels have successively issued purchase restriction policies to respond to the call.Since the purchase restriction policy is related to everyone’s vital interests,the introduction of the policy has caused intense discussions among all parties.Many scholars believe that the purchase restriction order is neither legal nor reasonable,and many scholars believe that special issues should be treated specially,so it is necessary to discuss and think about the advantages and disadvantages of the purchase restriction policy from the perspective of legal operation.Promoting the administration of the government in accordance with the law and protecting the rights of citizens are of great significance for advocating the construction of a government governed by law.This article starts from the historical background of the purchase restriction order,through the introduction of the development process of the real estate market,combs the background of housing prices continue to rise too fast,and summarizes the concept of the purchase restriction order.By sorting out the relevant information on the purchase restriction policy for commercial housing in typical cities,and combining relevant legal expertise learned by myself,we will sort out the legal issues related to the purchase restriction order.Qualify the purchase restriction order,and analyze and study it from the aspects of legality and legitimacy.It is pointed out that although the implementation of the purchase restriction order has played a role in both housing prices and real estate transactions,it has cooled the overheated property market,but it has also appeared.Many problems have caused a lot of doubts,so it is necessary to incorporate the relevant purchase restriction policies into the current legal system and give them clear legitimacy.Combining the function and purpose of the purchase restriction order,the existence and legality of the purchase restriction order are questioned.That is,the purchase restriction order of commercial housing as a government intervention has a significant impact on the citizens’ right to trade and equality.It is considered that the purchase restriction order is a situation of rapid economic and social development.The product of the expansion of the administrative power of the government has a certain basis of legitimacy,but it lacks the basis of legitimacy,it lacks a clear legal basis,and the procedures are not transparent.Therefore,it is necessary to standardize the relevant legislation as soon as possible and unify its legality measurement standards as soon as possible.The government is always under the supervision of the rule of law by exercising regulation and management of the real estate market.Next,the status of the implementation of the purchase restriction order and the problems in the implementation process,and the reasons for the doubts raised during the implementation process are analyzed.First,the source of government power is not clear during the purchase restriction process.There is no law for the government to interfere with the regulation of market players in accordance with.Second,the issuance of purchase restrictions and the formulation of procedures are opaque,lacking basic notification,participation,and supervision mechanisms.Finally,the author uses his somewhat lacking legal knowledge to make some suggestions,hoping that the purchase restriction order can be used to play a role in real estate regulation.The first is to emphasize the importance of regulation by law in the process of real estate market regulation: first,to strengthen the establishment of the legal concept of regulation by law;second,to clarify the boundaries of government power and the market;third,to improve the legislative system for regulation of the real estate market.The next step is to correct the illegal regulation and control methods in the regulation and control process: one is to cancel the household registration bundling purchase restriction measures,and the other is to standardize the government guarantee function.Finally,it absorbs public opinion by providing a variety of supervision methods: one is to improve the supervision of the Standing Committee of the National People’s Congress,the other is to improve the relief channels for purchase restrictions,and the third is to mobilize citizens to participate in the supervision of regulatory documents.