Legal Research On China’s Purchase Limitation Orders Of Commodity Houses

The policy to limit the command of the purchase of house in China is under the background of the rapid development of the economy and the housing bust appeared constantly in our country. In order to control the house prices continue to rise, the government has carried on many e regulations, but to little effect."Housing difficulty "has been an important problems affected people life and social stability. In order to curb the rising rapidly house prices, the government increased the control power on the real estate market, such as " countries’article10"," countries’article8","countries article5" etc. I n which Commodity house purchase orders limit is the most core content. Because the policy is about house which related to everyone, restrictions on purchase, attracted heat debate. People have different views about it. Now actively advocate building the rule of the government. Now, actively advocated the government ruled by law construction, and carry on the discussion and thinking about running from the Angle of law, will play an important significance to promote the government administration according to law, safeguard citizens’legal rights.The author collected related information about China’s Restrictions on commercial housing purchase policy through various means and keep abreast of the Government’s latest and previous experience, with my own grasp of the relevant laws and legal knowledge to do a comb-related legal issue. Combined with the purchase order the introduction of the time, background, purpose, the authors believe that the purchase order have both national macro-control features, and the mark of Market Regulation, is a product of government expansion of executive power in the context of rapid economic and social development, China’s Restrictions on commercial housing the purchase order, neither traditional macroeconomic regulation nor market regulation. Therefore, the measure of its legitimacy should also different from the two.The authors believe that t China’s Restrictions on commercial housing purchase policy is legitimacy, but it is a new product under the new situation, its legitimacy measure should as soon as possible be harmonized, so as to make the government’s power to exercise in under the rule of law, supervision, and maintenance of the unity of the legal system. The healthy exercise of executive power should be both lawful and reasonable. In particular, on the implementation level, if the policy has unreasonable factors, which will greatly reduced the policy’s enforcement effect. The purchase order is both legitimacy, and rationality from its introduction and content in the broad sense s. But it is not perfect. The purchase order is not only in content and implement specific measures are still many problems.Household bundled measures such as the purchase order goes against today’s household registration reform direction; The purchase order release form is low and effectiveness, supporting measures and related legal conflicts. In this regard, the authors believe that the problems should focus on the purchase order, give the right medicine. First, to cancel the household registration bundled measures; Second, to develop standardized procedures to improve the administrative organ from the regulations and practice; Third, standardize the market order to play the role of the judiciary, so that the culprits who no exploits.