A Legal Research Into The Restrictioil On House Purchases

Along with the developing of our country’s economy, the stepping up of citizen’s living condition, and the extending of city size, there are more and more people moving into the urban area, which means more demand for houses, and it bring the imbalance between housing supply and demand to a more intense level. In addition with the influence of tough economy environment, the already immature housing market can no longer work on its own mechanism. As a result, house price start booming and the economic bubble start ballooning. Some real estate developers and optimistic buyers see this chaos as a big chance to make a fortune, but citizen with low income are just difficult to find a house to live in. In order to change this situation, the central government issued a policy which is known as "the restriction on house purchases". It is designed to be a policy to help, but since day one of issue to today, the criticism on this policy is rather intensive. Under the restriction of house purchases, Hukou is now become a qualification to buy house, tax certification or proof of social security is a standard bank loan take in consideration, and since it is explicitly said in the policy, people who have no qualification is no longer allowed any title transaction, so the deposit they paid for the house is hanging in the danger of not getting back. All these phenomenons take us to the subject of this essay:what kind of policy is this? And how should we define its legal nature? In this essay, the writer began with describing the background, the concept, the features of the restriction on house purchases, then move on to the implementation effect. She will also analyze this policy using some basic theories of macro-control, and try to argue about the justifiability of this policy. What’s more, since the restriction caused massive amount of civil cases, it is necessary to portrait its legal nature for the sake of future judgment. In order to do so, the writer analyzes several typical cases and also takes into consideration of the possibility of how the policy would influence judgment when there is no legal provision exists. The restriction on house purchase deprived of the chance of getting profit from optimistic buyers, but they came up with some tricks to avoid this policy. The legal risk of these tricks and how to improve the restriction to be a better policy would be another part of this essay.The essay is consisting in four main parts. First of all, there would be a thorough introduction to the restriction on house purchases, from the background, the recent trend to the implementation effect. Then the writer would make an analysis on the content of the restriction from a legal point of view; try to sum up the features of it, so the readers would have a better understanding for the followed several parts.Secondly, since the restriction on house purchase is part of government’s macro-control policy on the real estate market, so the restriction itself should contain all the key elements of macro-control methods and be bound by the provisions on macro-control. In this part, the writer would focus on the rationality and legitimacy of the restriction and check out whether it is conformed to the standards of macro control methods.Thirdly, the issue of the restriction on house purchase makes relative authority hold the title transaction for those buyers without any qualification. which lead to a lot of civil disputes. Given the reality that no law expressly provides that policy is one kind of force majeure in our country, it makes judges wonder how to define the legal nature of the restriction so the judgment won’t affect the implementation of the policy, but represent justice as the same time. In this part, the writer would embrace some typical cases and try to define the legal nature of the restriction.Fourthly, the buyers, real estate agencies and real estate developers create a lot of ways to avoid the restriction; in this part, the writer would give some examples on the risks of these avoiding methods. Buyers should really be carefully when trying to apply these tricks.After all the analysis in this essay, the writer has approached the restriction on house purchase from different angles, and these analysis shows that the restriction is now with room to be improved. Despite the writer’s inexperience in the field of real estate, she really tried to give some advices hoping to make some progress.