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受国内外经济形势影响,我国原本就不是非常完善的房产市场已经不可能通过市场自身的调节维持正常的运转。房价上涨过快,房产市场中投机、泡沫十分严重,中低收入者一房难求,难寻“一屋以蔽之”。国家为更好地调控过热的房产市场,保障居民住房安全而出台了限购令以及相关一系列政策。限购政策颁布至今,有一定成效,但是随着限购政策在各个地方政府的推进执行,问题频频出现,一直争议不断。本文从限购令的概念、法律性质、实施效果出发,分析限购令带来的诸多法律问题,总结目前众多的规避现象并分析其法律风险。通过以上分析可以看出限购令在制定和实施过程中存在的缺陷和不足,最后本人会针对着一些列的问题提出一些建议。
Affected by the economic situation both at home and abroad, China’s property market, which is not well-established by itself, has not been able to maintain its normal operation through the market’s own regulation. House prices rose too fast, speculation in the real estate market, the bubble is very serious, low-income people a hard to find a room, hard to find “a house to cover.” In order to better control the overheated property market and guarantee the housing safety of residents, the state has issued a restriction order and a series of related policies. Since the promulgation of the purchase restriction policy, it has achieved some success. However, with the restriction policy being implemented and implemented by various local governments, the problems have been frequent and have been constantly debated. Based on the concept of restriction order, the nature of law and the implementation effect, this article analyzes many legal problems caused by restriction order, summarizes numerous current circumvention phenomena and analyzes its legal risks. Through the above analysis we can see the purchase order in the formulation and implementation of the existing shortcomings and deficiencies, and finally I will address some of the issues put forward some suggestions.