浅析房地产调控新政“限售”的合法性和法律风险

Analysis of Legality of the New Policy of Restraints over Real Estate Sales and the Potential Risks

自2000年来,房地产市场发展迅速,房价上涨之势愈演愈烈。为了使房地产市场趋于稳定,解决老百姓"购房难"问题,政府出台"限购"政策。为了进一步给房地产市场降温,2017年初,政府再出重拳——出台"限售"政策,以期通过对房屋流通环节进行限制,打击"炒房"行为,从而抑制房价增长。由于"限售"政策定性模糊,似与其他法律法规有所冲突,其一经出台就引起了社会各界,尤其是法律理论与司法界广泛关注与争论。因此,从行政法基本理论出发,对"限售"政策进行分析,厘清"限售"政策的性质、合法性以及可能存在的法律风险,显然极为迫切。

Since 2000, the real estate market has seen a rapid development, and the housing prices also has a sharp growth. In order to make the real estate market stable,and solve the problem that it is impossible for the ordinary people diffich to buy houses with so high prices, the government granted the policy of ＂Restricts over Real Estate Sales＂ at the beginning of 2017, which aims to further cool the real estate market, hit the ＂speculative＂ behavior, thus inhibit the price growth. However, the policy, to some degree, has some uncertain parts which seems to conflict with other laws and regulations, and, from the begnning, it has caused great attention and controversy from all walks of life, especially the law theory and judicial circles. Therefore, starting from the basic theory of administrative law, it is urgent to analyze and clarify the policy＇s nature, legitimacy and potential legal risk.