A Study On The Application Of House Purchase Restriction Policy In Judicial Auction

In recent years,with the development of urbanization in China,more and more urban residents have increased their demand for urban housing.Due to the special housing supply relationship,the supply and demand of urban housing in China has increased and caused high housing prices.In order to curb rapid rising housing prices and crack down on speculation in real estate speculation,the State Council promulgated a home purchase restriction policy that protects people's livelihood as the value orientation.Subsequently,local governments have also issued implementation rules for the implementation of purchase restriction policies in light of the actual situation of the administrative region.Because most government-issued purchase-restricted documents clearly stipulate that there are conflicts between the judicial auction-applicable housing purchase policy and some courts' practice of not applying the housing purchase restriction policy in the judicial auction practice,which directly results in whether the housing purchase restriction policy is applied in the judicial auction and becomes a dispute.In the process of resolving the above conflicts,this article uses the housing purchase restriction policy as the focus of disputes in judicial auctions,starts with the housing purchase restriction policy and the influence on judicial auctions,and sorts out the practical application of the housing purchase restriction policy in real life injudicial auctions.Inappropriate practices and reasons were analyzed.On the basis of refuting the reasons for non-applicability,the reasons for the application of China's housing purchase restriction policy in judicial auctions and the reason for its application are the maintenance of social public interests,the realization of social equity and justice,and the continuous improvement of the people's sense of acquisition and happiness.With the sense of security,satisfying the people's growing good life,promoting the healthy development of the real estate market and realizing the inevitable requirements of the people to live and work in peace and contentment,further clarifying the viewpoint that the China's housing purchase restriction policy should apply in judicial auctions and ensuring the application The smooth development of specific recomm endations,in order to play an important role in the stability of housing prices and combat real estate speculation.The ultimate goal of the home purchase restriction policy is to control house prices in a reasonable range,return real housing properties,and satisfy people's housing needs.The nature of the house purchase policy is an abstract administrative act.However,the application of this policy in judicial auctions has a direct impact on the effectiveness of court decisions.In judicial auction practice,there is a practice of applying and not applying to housing purchase policy.The main reason for the inapplicability is that there are doubts about the legitimacy of the homepurchase restriction policy,it is easy to have a negative impact on the court,and it is not conducive to maximizing the value of real estate auctions.Judging from the pursuit of social justice and justice,the need to crack down on real estate speculation,the need to avoid potential legal risks,and the tendency of judicial auction rights to become administrative,the application of the housing purchase restriction policy in judicial auctions is inevitable.In terms of specific operations,a unified and applicable judicial interpretation,the strict implementation of the bidder qualification review system and the strict crackdown on evading the housing restriction purchase policy should be introduced so that the housing purchase restriction policy can be applied in judicial auctions.