The Conlfict Of Law And The Countermeasures Of Legal Restrictions Of Investment In Real Estate

Since the beginning of this century, prices of real estate rose rapidly in China. TheCentral Government has introduced measures repeatedly to control the real estate market. Butthe prices continue rising under the tightening measures. Despite the policies unsatisfiedimprove was made, the central and local government have to bring up the legal restrictions ofinvestment in real estate finally.After the announcement of “Ten policies of the State Council in2010” and “Eightpolicies of the State Council in2011", many cities, including the domestic first-line cities,provincial capital cities, add up to42cities, have implemented to purchase limit at present.Consequently the prices became under control. That is quilt appreciated by the central andlocal governments.But some people always wonder if the restrictions meet up with legitimacy or not. Thearticle discusses from basic concept of central and Beijing government’s restrictions, analyzeits legal basis and draw a important conclusion as below, the legal hierarchy of restrictions islower than common law. Comparing the restrictions with constitution, contract law andproperty law, we can figure out the discordance with each own.At last, we sum up that the restrictions have boundedness of its own, and therefore weare to make some suggestion for how to adjust the countermeasure of restrictions.