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实施一年多的房产限购令一直面临合法性的质疑,另外还有期限模糊、寻找退出机制等紧迫问题。现行税收体制下,呼声最高的房产税并非限购令的适当替代制度选择。房产限购令符合行政许可的基本特征,可通过“临时性行政许可制度”来对房产限购令进行制度修补和正当化。行政许可制度是今后政府合法干预社会经济活动具有潜力的法律制度。
The implementation of more than a year of real estate restriction order has always been facing the legality of the question, in addition there are deadlines, looking for exit mechanisms and other pressing issues. Under the current tax system, the most vociferous property tax is not an appropriate choice of alternative system of purchase restriction. Real estate restriction order is in line with the basic characteristics of administrative permission, through the “temporary administrative permission system” to the system of real estate restriction order repair and justification. The system of administrative permission is the legal system that the government has the potential to legally interfere with the social economic activities in the future.