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近来,为了稳定物价和抑制通货膨胀,国务院和一些地方政府陆续颁布了针对某些商品的价格调控措施。最典型的例子是国务院和一些地方政府为抑制房价过快上涨,于2011年初出台的一系列调控房地产市场的措施,这些措施主要表现为“限购令”、“限贷令”和“限价令”。这些价格调控措施是各级政府为了稳定物价而出台的临时性调控措施,其在维护市场秩序和消费者权益方面有其合理性,但也引起了学者的不少争议。争议的焦点主要是这种临时性调控措施的合法性和正当性问题,具体体现为这些调控措施在调控主体、调控途径、调控效力等方面与相关法律规定尚有较大差距,有异于我国法律规定的调控措施,因而有与宪法、立法法、价格法、税收征收管理法等法律相抵触之嫌。这些调控措施具有临时性、应急性、强制性等特征,更接近于紧急状态下的应对措施。从法治的角度考虑,这种临时性的调控措施应当适时退出,让位于规范的、作用相对持久的法定调控措施。基于此,本刊特组织一些学者对这些调控措施予以探讨。
Recently, in order to stabilize prices and curb inflation, the State Council and some local governments have promulgated price control measures for certain commodities. The most typical example is a series of measures taken by the State Council and some local governments to curb the excessive rise in house prices in the real estate market in early 2011. These measures mainly include “restriction order”, “limit order” and “ ”Limit order ". These price control measures are temporary adjustment measures promulgated by governments at all levels for the purpose of stabilizing prices. They are reasonable in safeguarding market order and consumers’ rights and interests, but have also caused many disputes among scholars. The main focus of controversy is the issue of the legitimacy and legitimacy of such temporary control measures, which are embodied in the fact that there is a large gap between these regulatory measures and the relevant laws and regulations in terms of the main body of regulation, regulatory channels and regulatory effectiveness, which are different from those of our country Laws and regulations of the control measures, and thus with the Constitution, the Legislative Law, the price law, tax collection and management law and other suspects. These control measures are temporary, emergency, mandatory and other characteristics, closer to the emergency response. From the point of view of the rule of law, such temporary control measures should be withdrawn at the proper time so that the statutory regulatory actions with relatively long-lasting effects can be given. Based on this, we organized some scholars to discuss these control measures.