The Power Boundary Of Local Government’s Commercial Housing Purchase Restriction From The Perspective Of Economic Law

The purchase restriction order of commercial housing is an important means for the government to crack down on the speculation in the real estate market and stabilize the development of the real estate market in the case of market failure.With the rising price of commercial housing in China in recent years,local governments have issued the purchase restriction order of commercial housing one after another in order to curb the excessive speculation of the public on the real estate market.In the process of the implementation of the commercial housing purchase restriction order,the legal basis for the local government to regulate the housing price is still controversial,and there are still many gaps in the relevant regulations on the power of the local government to limit the purchase of commercial housing and the boundary of the market.The ultimate purpose of the local government’s implementation of the house purchase restriction is to crack down on the speculation in the real estate market,rather than to restrict the ordinary transaction behavior of citizens.The failure to clarify the boundary between the power of house purchase restriction and the market is the root of the difficult problem of the government’s implementation of the house purchase restriction.Based on the purchase restriction order of commercial housing in the perspective of economic law,this paper analyzes the function and nature of housing under the condition of market economy.By studying the basic properties and functions of housing in the perspective of economic law,this paper summarizes the trend of housing change from residential property to investment property and the reasons for the change.As citizens’ right of residence is the embodiment of basic human rights,it is the government’s responsibility to protect citizens’ right of residence.Although the market can distribute social resources spontaneously,the market regulation is defective,and the government needs to restrain and supervise it.In this context,local governments put forward purchase restriction policies one after another in late September 2010,hoping to crack down on speculation in the real estate market through the purchase restriction of commercial housing,so as to achieve the purpose of curbing the sharp rise of housing prices.By using horizontal contrast argument analysis method,this paper studied the different provinces and cities in our country the main content of the restrictions on commodity housing,affirmed the commodity house of restrictions on the functions of macroeconomic regulation and control and market regulation,and through the legal analysis of the necessity of commercial housing restrictions on economic law and commercial housing restrictions on economic law attribute,This paper discusses the three principles that the commercial house purchase restriction order should follow,namely the legal principle,the appropriate principle and the performance principle.On the one hand,the restriction on the purchase of commercial housing is beneficial to restrain the excessive capital from pouring into the real estate market,so it plays a positive role in maintaining the balance of supply and demand in the real estate market.On the other hand,the implementation of the commercial house purchase restriction order also eases the heavy housing burden that citizens have been carrying for a long time,thus guaranteeing the right of residence of citizens.The main problems of the commercial house purchase restriction order are the unknown source of the right,the lack of legal basis,and the vague boundary of the government’s power of purchase restriction.Because China’s commercial housing purchase restriction order in the implementation process did not clear the government to implement the purchase restriction order is what the boundary is,some local governments issued commercial housing purchase restriction order on citizens to make restrictions on the freedom of transaction,which will not only infringe on the right of residence of citizens,but also is not conducive to the harmonious development of society.The power of the local government to restrict the purchase should be delimited within a certain scope,otherwise it may infringe on the basic civil rights of citizens due to the excessively strict content of the purchase restriction order.In order to protect the basic civil rights of citizens from being infringed,the power boundary of the government’s macro-control behavior should include not restricting "freedom of contract",not only taking "household registration" as the division object,and not restricting the house purchase of single people.Government restrictions on the fundamental purpose is to blow the housing speculation,rather than restrict the normal trading behavior of ordinary citizens,if only to the household registration or singles as a standard for judging the housing speculation,they could limit the ordinary citizens legitimate ground for building business behavior,thus the government not only to a single limit of buying conditions,The purchase restriction order of commercial housing should accurately judge the speculative behavior of the housing market by combining various factors.If the government comprehensively examines the purchase conditions and background of the citizens,it will not mistakenly define the normal transaction behavior of the citizens as the speculative behavior of the housing market because the restrictive conditions are too single.In order to realize the function of restraining the unreasonable growth of housing price and protecting the right of residence,the government should set the boundary of the power of the restriction,establish a perfect legislative system of the regulation of commercial housing,and make clear the power boundary of the government.The government issued the commercial housing purchase restriction order should judge whether the transaction behavior of citizens belongs to the property market speculation from household registration,loan record and other factors comprehensively.In addition,it is necessary for the government to restrain speculation in the real estate market from many aspects,including improving the tax system of commercial housing,improving the policy of indemnificatory housing and adjusting the policy of real estate credit,so as to promote the smooth solution of the problems in the real estate market.