The Study On The Legal Nature And Constitutional Control Of Housing Purchase Restriction Order

Now the price of commercial housing is rising in many cities,and it has already exceeded the economic capacity of the general public.To some extent,housing has become a tool of financial speculation.Therefore,in order to maintain the stable development of the real estate market and curb speculative buying behavior,the government has introduced a series of housing purchase restrictions to stabilize prices and combat unreasonable investment in the purchase behavior.The purpose of this paper is to analyze the legal nature of house purchase restriction order,probe into whether the means of house purchase restriction order is illegal and unconstitutional,and how to regulate in the framework of the constitution.In the first part of this paper,the author briefly describes the historical evolution of housing purchase restriction order,systematically combs the central and local housing purchase restriction orders in the form of forms,refines the specific purchase restriction measures adopted by housing purchase restriction order,and finally defines the legal nature of the housing purchase restriction order,and concludes that housing purchase restriction order is a temporary administrative license;the second part analyzes housing purchase restriction order from the angle of legality and constitutionality,with reference to the relevant laws and regulations such as the administrative licensing law,points out that the legality of housing purchase restriction order still exists,and on the basis of the legality,the constitutional principles and constitutional provisions are interpreted by constitutional hermeneutics,and reviewed the main means of housing purchase restriction order constitutionally;the third part is the end of this article,It puts forward some constitutional and legal solutions to the possible illegal and unconstitutional phenomena in housing purchase restriction order.