危机考验法治——评限购令遭遇的合宪性与合法性困境

国务院及其办公厅发布的限购令虽然旨在化解房市风险、保障民生,但是违反了《宪法》、《物权法》、《行政许可法》等多部法律以及行政法的基本原则。为了化解限购令遭遇的合宪性与合法性困局,调控部门应当做到以下几点:从依政策调控走向依法调控;按照宪法和监督法的要求纠正某些违反宪法和法律的调控措施;对重要的限购措施应通过听证等形式吸收公众意见。

Testing the Rule of Law in the Midst of a Crisis-Comments on the Unconstitutionality and Illegality as Confronted by the Purchase Restriction Order

The Purchase Restriction Order issued by the State Council and its General Office is aimed to defuse the risks in the housing market and ensure people's livelihood,but it violates a variety of laws,including the Constitution,Property Law,and Administrative Permission Law,as well as the basic principles of administrative law.In order to resolve these problems,the control departments should take the following steps: first,to move from regulation by policy to regulation by law;second,to correct the unconstitut...