“房屋限购令”对市场的干预在权力来源、行使方式、政策考量因素等方面存在与宪政原理、行政法原则相悖之处,其权力运行形式亦游离于行政立法的控权范围,跨越了政府对市场的干预界限。作为一种重要的制度安排,政府对市场失灵的“矫治”限度在于市场基本经济规律的恪守与建立在基本权利划定基础上的权利尊重。市场财产权配置、权力与控权力的对比均衡度则应当成为政府是否越界干涉市场主体权利的两个判断基准。 “Housing Restriction Order ” intervention in the market in the power sources, ways of exercising, policy considerations and other aspects of the principles of constitutional principles, administrative law contrary to the Department, the power of its operating form is also free from the scope of the administrative legislation, across The government intervention in the market boundaries. As an important institutional arrangement, the “limitation” of the government on market failure lies in the observance of the basic economic laws of the market and the respect of rights established on the basis of the delineation of basic rights. The balance of market property rights and the balance between power and control power should be the two criteria for judging whether the government intervenes in the rights of market participants.