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我国采取了诸多监管手段加强对房地产市场的调控,但是从实际效果上看,并没有实现降低房价的调控目标。这些措施中的某些部分甚至存在限制公民的民事权利能力,扩大户籍制度的效应等问题,存在合法性瑕疵,且“一刀切”的限购政策不甚合理。房地产市场中的金融监管应该以促进房地产市场的良性发展为监管目标,利用法律调控机制而不是行政调控手段实现对房地产市场的有效调控,避免劣质信贷,防范次贷危机。本文主要从金融法律监管的角度分析了我国房地产市场的金融法律调控政策,且从金融法、民商法、行政法等角度分析了当前房地产市场调控措施的合法性、合理性和有效性,在此基础上提出我国商品房市场的调控不应一律以房价下跌或者房价稳定为目标,而是应该以商品房市场的和谐稳定与繁荣增长为目标,同时还应该以合理合法的调控措施促进城市化进程与社会公平、政府法治的实现。
China has taken a number of regulatory measures to strengthen the regulation of the real estate market, but from the actual results point of view, did not achieve the goal of reducing the price control. Some of these measures even have the problem of limiting the civil rights of citizens and the effect of expanding the household registration system, which have flaws in legitimacy and the “one size fits all” restriction policy is not reasonable. The financial supervision in the real estate market should aim at promoting the healthy development of the real estate market as a regulatory target, using the legal regulatory mechanism instead of administrative control measures to effectively regulate the real estate market, avoiding inferior credit and preventing subprime mortgage crisis. This article mainly analyzes the regulation of financial laws in the real estate market in our country from the perspective of financial law supervision and analyzes the legitimacy, rationality and validity of current regulation and control of real estate market from the aspects of financial law, civil law and administrative law Based on the proposed regulation and control of China’s real estate market should not be the price of housing prices or the stability of the target, but should be the real estate market, the stability and prosperity of the harmonious growth as the goal, but also should be reasonable and reasonable regulation and control measures to promote urbanization and social Fair, the realization of the government by law.