Research On The Administrative Legitimacy Of The Housing Purchase Restrictions

“To make everyone has their own cozy house”is a basic issue concerned by the Chinese since the ancient time.In recent years,with the development of economy and people’s life and consume level,there has emerged a momentum of excessive and rapid rise in the housing price under the influence of various factors.In this background,to solve people’s housing problems,our government sets a series of regulations to curb the soaring of housing prices.In April 17^th,2010,the State Council launched the Notice on Resolutely Curbing the Soaring of House Prices in Some Cities.Since then,a new measure of the purchase limits for real estate has been performed in many cities throughout the country which restricts speculation in housing and curbs the soaring of housing prices through various ways such as limited purchasing qualifications and strict housing credit policy.The measure does curb and steady housing prices in some cities but has caused many conflicts.Scholars for it hold that it plays an important role in curbing housing prices and providing people with homes while scholars against it believe that it is illegal and unreasonable and violates the constitution,the executive law,the contract law and the real right law.This article will analyze and research on the existing problems of the purchase limit measure from the point of the law and give complete and reasonable countermeasures which guarantee the legal rights and public rights of people and comply with the building of a socialist country ruled by law with Chinese characteristics.Also,from the point that the measure lacks legality,the article will discuss and analyze from three aspects of the related theory of the purchase limit measure,the legality of the measure and the complement to the measure.The first part includes the introduction and analysis of the theory of purchase limit measure which will be discussed from aspects of the basic theory and development of real estate regulation,the theory of our purchase limit measure and its performing conditions as well as the legal property of the purchase limit measure.The second part will focus on analyzing the legality of the purchase limit measure which will be discussed from aspects of its executive legality,the connection between price rising and the performance of purchase limit measure as well as the right boundary of the government.The third part discusses the solution to optimizing the purchase limit measure,illustrating the necessity of supervision on the measure and giving the according supervision mechanism;it also gives advices to develop the measure from respects of process and economy.The purchase limit measure does play a positive role in the real estate regulation of our property market but goes against the current law and regulations and lacks legality necessary for executive actions which requires further development and complement.So,the article analyzes its legal problems from the point of the law and discusses how to develop it.