Our Country Housing Restrictions On Legal Thinking

Housing issues have a bearing on people’s livelihood, it has been a big problem in the current era of rising prices,"housing is difficult,"" difficulty in purchasing a house " has become an important issue of concern to the people in general. In order to control prices rising too fast, reach the aim of "Everyone has its own house", our government conducted a number of regulations in the real estate market. Report to the Eighteenth National Congress of the CPC clearly point out that to establish housing security system which combined government guarantee with market allocation, or called " dual track system", which dominated by the government, together with the operators involved in the real estate to make the construction of affordable housing, accelerate the construction of affordable housing, make efforts to solve the difficult problem of housing.Among the national regulatory policies, the housing purchase restriction has been the most core policies of that state regulations. In the March5Premier Li Keqiang, in government work report, again referred to solve the difficult problem of housing, this showed enoughly the firm determination to highlight the country to suppress the normal rates, to safeguard people’s livelihood.From " State eleven"," State ten","Eight real estate market regulation measures " and then the provisions of the "new five countries", housing purchase restrictions increasingly stringent restriction conditions are more demanding. As the plane broadly involved in the purchasing and touches the interests of the community, so the introduction of the purchase order caused intense discussion of community. Social passed different judgements on it, some applaud, they believe that housing purchase restrictions is the effective medicine for the long illness real estate market. Some think that its legality still needs to be negotiated, for it is in violation of the principles of administrative law and administrative principle of proportionality. Therefore, from a legal point of its analysis and research, advocation for the rule of law in society today, in the protection of citizens’ legitimate rights and interests is very important.This article make analysis on the background of the housing purchase restrictions, exploring its nature, characteristics, legal basis, administrative legality, administrative rationality and perfect proposal and other aspects of housing purchase restrictions were also discussed.The first part of the article, mainly for housing purchase restrictions’outline. Discussed from the introduction of background, abstract administrative act nature of housing purchase restrictions,characteristics and other aspects. Also this part make representations the background of housing purchase restrictions and its legal basis.The second part of the article, the main statement of the legal basis of housing purchase restrictions, described the philosophy of law, the constitutional foundation. It is perfomance of national ecnomic function, as the display of state macro control which given by the constitution.The third part of the article, from the administrative point of view that housing purchase restrictions can clean the real eatate makert order, cool the tempreture of house price in short term, and pointed out housing purchase restrictions can maintain the stable develoment of real estate market for long term. In addition, this part discussed that the housing purchase restrictions can effectively lead, control our nation’s house price, this part analysis it an its action, then expounded in its practical rationality.The fourth part of the article, analysis on the legalty of housing purchase restrictions from the aspects of administrative law. Which pointed out the short comings of the housing purchase restrictions regards to the principle of administration according to law and administration ratio, also it is not maked out for the principle of urgency. This part discussed the confilct between it and administrative legislation principle, make foundation for improving the house purchase restrictions.The fifth part of the article, on the base of the third part, mainly put forward some suggestions to improve housing purchase restrictions. Proposed the housing purchase restrictions into legal system is a good way to improve our nation’s housing purchase restrictions, as well as the certain claim of administrative legal system construction. Therefore, we should make the rule of law in the real estate market step by step.As for the specific countermeasures for improving housing purchase restrictions, we mainly put forward to improve and standard the constituion procedure of administrative documents and orders, moreover, to strengthen its oversight from the legislative, administrative, judicial three areas, to achieve for best results the real estate market regulation, this move not only can stablize house prices, but also better promote the healthy development of the real estate market. Finally, the exit mechanism housing purchase restrictions be promoted in the artcle, since the purchase of housing purchase restrictions is a temporary adjustment policies for state macro control, so its affectness on house price is also temporary. At an appropriate time in future, housing tends to be long-term stability, or country to find a better way to regulate prices in the future, it is destined to exit the stage of history.The auther regards that, for the regulation measures as housing purchase restrictions, we can’t negate it as all, or orverindulge as well. We should set up effectively mechanisms to nomalize it.it is the most important part and innovation part of this artcile.In the preperation of prophase reaserch, I read some material and data acc ording to housing purchase restrictions, mainle take the method of The philoso phical methodology for materialism, Literature review method, literature analysis method etc, to read, reaserch and analyse the housing purchase restrictions.