Talk About Housing Restrictions On Restrictions On The Freedom Of Contract

The house-purchasing limitation order limits freedom of citizens contract extremely. Within a city, for the limited group, the contracts concluded still have effect, the property registration authority shall not be registered "makes the performance of the contract suffer interdiction, the purpose of the contract can not be achieved. Freedom of contract under this objective is hindered, restricted share groups will vanish. Freedom of contract under the objective obstacles, restricted share groups will disappear;, in view of the housing, the purchase order in the country of domicile tax the land and social security paid to restrictions, so that citizens could not buy more than one house, freedom of contract, of course, be limited. This part of the exposition, the author immediately after the first split discourse to refute this view of the contract is valid then there is no restriction of freedom of contract.Freedom of contract as citizens a basic civil right, the dimensions of the "freedom" is not wide and no boundaries, but along with a variety of "restricted":both from the private law, but also from administrative power. However, this "limit" must comply with the provisions of the Constitution and the laws must conform to the modern concept of law, which is the author analysis of housing, the purchase order is a fundamental position. In the context of housing, the purchase order, the citizens’ freedom of contract suffered the administrative civil rights "offense" restrictions.(The author sums up the36urban housing, the purchase order and the form of charts, statistics housing the purchase order.)Talk from the house-purchasing limitation order.First of all, the purchase of standard housing, the purchase order attached to the household registration system, whether a local residence, as one of the purchase of housing standards. Household Registration Ordinance itself is a breach of equality, behind the times, in need of reform is out of the system housing the purchase order the adoption of the household registration system, is undoubtedly re-extend the life of the system, not only in the rural population and non-rural population between rights of unequal treatment, and also makes the first-line urban population between urban population and the second and third line, the right to be treated differently privilege city and non-privileged city. The principle of equality is the basic principle of a rule of law in the field of contract, requiring the citizens regardless of ethnic, racial, gender, occupation, family background, religious beliefs, level of education, property status or length of residence, have equal access to contracting qualification. Thus, the housing-purchase order breaks the law the principle of equality.Second, housing, the purchase order to pay personal income tax or not, as one of the non-local groups to meet the purchase qualifications standard, but in reality is non-local groups, redrawing the right pattern, making the taxpayers have the right and no taxpayers have no right. The premise of the local financial contribution as a right, such an approach is also in violation of the requirements of the principle of equality.Finally, housing, the purchase order showing the different dimensions of the right to "family" as the purchase of units, resulting in contracting the principal of freedom of contract in the different marital status, giving rise to the phenomenon of society,"fake divorce". I found through different media, different regions of the phenomenon of "fake divorce" statistics, leading to the conclusion:in housing the purchase order for the purchase of units in the context of "family","fake divorce" phenomenon is not a rare case, but a dispute diversified distribution of the region-wide social phenomenon, should cause us concern and the police think. The housing-purchase order as an administrative policy, marriage and family status as a measure of the market economy, freedom of contract, resulting in instability of a society marriage and family relations, is contrary to the ethics, contrary to good morals of society.Talk from the housing-purchase order to develop the program.First, the definition of limit on the nature of the purchase order on the housing. Initially, the State Council issued a "National issued a document" in the form of real estate "National10", the principle of measures to curb housing. Issued a document format, the "National10" does not belong to the administrative rules and regulations; issued a document of the main view, the "National10" does not belong to the administrative rules, but only a general policy document. Similarly, the State Council released after listing eight "national","five" and around the housing restriction order, do not belong to the administrative rules and policy documents.Secondly, according to the law, the contract system as a civil system, only by laws and administrative regulations to be stipulated, however, the housing restriction as an administrative measure, is not entitled to the basic system of the civil provisions, can not contrary to the laws and regulations.Finally, the public right of administrative restrictions on citizens’ freedom of contract, in addition to shall not be contrary to the laws and regulations, you must also follow the statutory procedures in strict compliance with the Executive and Legislative procedures in order to ensure the openness of the executive and the legislature, transparent.I am trying to use the article discusses housing the purchase order of citizens to freedom of contract, the limitations of the basic civil rights, and its lack of legitimacy, which raised a concern:the face of extreme expansion of the status of the administrative civil rights, private law areas of research focus is not only stay in the right balance between the private main, more importantly, a more pressing problem is to study the face of strong administrative civil rights, how to protect the private rights of the space, how to increase the private right to contend with weight. In the thinking of the freedom of contract issues, freedom of contract is not so much an emphasis on freedom desirable between the parties, as it is the restriction of government power. We still lack this practice:the expansion of the administrative civil rights not be brought to limit freedom of contract value to be reflected in the system settings. The author believes that this is why, in the context of the government to control prices, will be housing, the purchase order undermined citizens freedom of contract, the reason.