Administrative Research For Purchasing

In recent years, the excessive high prices and the rapid rise speed in the Real Estate Market, as the most important topic of the natuonal people’s livelihood have been focusing the most concern. It will take a long time to solve the housing problem through the market mechanism and it is very difficult. At the same time, it will increase the financial risk, and is not conducive to the coordinated development of economy and society. On the basis of these reasons, a series of controlling measures have been taken by the State Council to control the up trend of housing prices. In2010and2011, the General Office of the State Council issued "Housing Purchase-Limiting Curb", for the purpose of controlling the up trend of housing prices, by means of limiting the persons’purchase qualifications and number in the Real Estate Market. So far,47cities have joined the ranks of "Housing Purchase-Limiting Curb". In order to alleviate the traffic pressure, Guiyang and Beijing have issued normative documents to limit the vehicle purchasing.In such circumstances, the Administrative Purchase-Limiting Curb as one of the administrative means in Macro-economic control, become a study object caused our attention.Although the official stated that the Housing Administrative Purchase-Limiting Curb is only a temporary measure, it is thought that the Administrative Purchase—Limiting.Curb will work in a certain period of time, as that the permanent regulation and systems’establishment still need a long time, such as tax, credit mechanism, adequate city housing, good transportation facilities and other supporting conditions. The huge sume of hot money inflows into the marcket influence the economic safety critically.As Administrative Purchase-Limiting Curb related closely to many problems involving national and local economic, social development, and people’s interests, it is so important to bring the Administrative Purchase-Limiting Curb into the legal system.In view of the current problems, involving the arbitrary application, unclear legal authority, lackness of procedure rules and exit mechanism, in this article, I want to point out these problems and deficiencies and then promote the construction of Administrative Purchase-Limiting legal system standardization. So the article has strong theoretical and practical significances.At present, there is very few study achievements on the Administrative Purchase—Limiting Curb research field as a whole. Some of the achievements mainly analyse that the violation of the principle of Proportion, contract freedom, breaching of the real registration system, and so on. But all of them are not taking the procedural system construction.This article argues that, in view of the Administrative Purchase-Limiting Curb, it is not, rational to reject completely or tolerance totally. A correct attitude is to incorporate it into the administrative behavior category in administrative law to take an effective and legal control, through building a series of effective legal mechanism. These are the focuses and innovations of the article.