Research On The Limit Purchase Order Of Commercial Housing From The Perspective Of Economic Law

Due to the characteristics of information asymmetry,capital monopoly and China' s unique land finance mechanism,the real estate market has caused the price of commercial housing to rise continuously,resulting in market failure.High housing prices have made it impossible for most people to buy a house,which has gradually become a barrier to the improvement of people's happiness.As the representative of the public power,the government hopes to intervene in the real estate market through the executive power,thus restraining the high prices,seeking market stability and resolving the market failure.To this end,governments at all levels have introduced a series of measures to control housing prices,and the restrictions on the purchase of commercial housing have been born in this context.Article first from all the cities of our country's commercial housing restrictions,summarizes its concept,combing its background,and analyzes the function of macro regulation and market regulation,the commercial housing restrictions on the one hand,through the implementation of differential credit means to indirect regulation and control of real estate economy,on the one hand,by trying to census register,fixed number of year of the trade restrictions and other measures to deal subject to constraints directly.Then,from the economic law legal theory analysis of the real estate market mechanism and its defects,and points out that the current real estate market failure I reason,and from the aspects of market failures,economic law legal profit targets,this paper discusses the necessity of commodity house restrictions on certain restrictions on inhibiting the housing demand,hit the speculators,is good for short-term stable real estate market.At the same time points out that government intervention in the real estate market must also be justified,namely must define boundaries intervention and follow the principle of due to legitimate use restrictions,otherwise you will have more difficulty than the market failure.Second,the legal problems of the commercial housing restrictions on oriented,analyzes the restrictions on all sorts of questions,one is the restrictions on the legality of questioning,the commercial housing restrictions on trading right and equal rights as to a citizen have a significant impact on government intervention measures,which there is no clear legal basis and conflicts with the current part of the laws and regulations,at the same time when a program is not transparent,lack of basic told,participation mechanism,etc.Second,restrictions on the effect of questioning,the restrictions on did not achieve the desired effect,restrictions on the contradiction between supply and demand of the real estate market does not change,triggered a bullish psychological instead,speculative trading has been active.The third is to challenge the role of local governments in the purchase order,that is,the government is trapped in the role of "economic man",which leads to the failure of intervention and the consequences.Finally,the article makes clear that the restriction order of commercial housing is also a "double-edged sword",how to make use of the restriction order has important influence on the national economy and people' s livelihood.Therefore,it is necessary for our country to perfect relevant laws and regulations to make the content legal and implementation procedure standard.It is also necessary for the government to further regtulate its own interventions,to define the boundaries of intervention and to follow the principles that should be followed,so as to avoid more difficult problems than market failure.At the same time,our country should consider the national conditions and legal practice,and combine the restriction of commercial housing purchase order with other economic system construction,so as to improve the regulation of government real estate market.