Research On The Administrative Legality Of China's Housing Purchase Restriction

The specific provisions of the housing purchase order have been involved in a wide range of issues,and there has been a lot of controversy.For housing restrictions,both supporters and opponents,supporters believe it has a unique role in curbing real estate prices rising,opponents think it has many illegal,and "constitution","contract law","property law" and so on.Housing restrictions on contains many restrictions,such as the restriction of body standard of,the limitation on the commercial housing transaction process and condition of real estate registration Settings,and so on,have the legitimacy and necessity of existence,not blindly negative effect of restrictions on housing and existence value.Under the control of the real estate market of the central state council,a series of housing restriction orders issued by local people's governments at all levels and their departments are the normative documents.First of all,about the legal nature of restrictions on housing,there are many disputes in theory,there are administrative licensing,administrative legislation and administrative command said,the first chapter defines housing restrictions on belong to the abstract administrative action the other normative documents.Second,discusses the theoretical basis of government restrictions on housing and legitimacy,it is under the condition of the rapid rise of the price of house in China,is the unique role of curb speculative housing investment.Moreover,in the concrete practice of housing restrictions on intervention to the real estate transaction link,suspected of infringement of citizens' private rights,different rules for purchasing the limitation on the rights of citizens,the fourth chapter analyzed the current housing restrictions on the main measures and the legal issues,different means for purchasing alleged violation of laws and regulations.Housing purchase order the effectiveness to violate the law how to directly affect the improvement of the administrative behavior,on the basis of the current theory,illegal administrative ACTS damage the interests of the private rights,or protected by law,but legitimacy and moderate,although illegal also effective.Finally,the author puts forward the suggestion on the improvement of the housing restriction order and gives the administrative counterpart legal supervision.Under the rule of law under the rule of law,it is necessary to gradually improve the shortage of housing restriction order,adjust the real estate regulation strategy,and integrate the housing restriction order with many social benefits into the legal track.