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当前的房市限购令涉及公民的诸多基本权利,应站在宪法高度,考量其合宪性。以基本权利限制之合宪性标准为审查依据,房市限购令侵犯了公民的交易自由权、财产权和平等权,存在违宪性。从重塑限购令合宪性角度出发,房地产市场调控应正确处理市场和政府间的关系,处理政府调控诸手段之间的关系,限购令应作为房地产市场调控的临时性配套措施;推行限购令,应引入行政决策程序及公众参与机制,严格界定限购令的适用条件;也应遵循法律保留原则,保障限购令合法合宪地推行。
The current housing purchase order involving many of the basic rights of citizens, should be standing at the constitutional height, consider its constitutionality. Based on the review of the constitutional standard of the restriction on the basic rights, the restriction on the purchase of the housing market infringes upon the citizen’s right to freedom of trading, property rights and equal rights, which is unconstitutional. Restructuring the restriction order from the constitutional point of view, the real estate market regulation should correctly handle the relationship between the market and the government to deal with the relationship between the government regulation and control instruments, the purchase order should be the real estate market regulation and temporary support measures; the implementation of the restriction order , Should introduce the administrative decision-making process and public participation mechanism, and strictly define the application conditions of the purchase order; also should follow the principle of legal reservation, protect the purchase order legal and constitutional implementation.