Legal Analysis: On April 30, 20 10, Beijing issued the detailed rules for the implementation of the "National Ten Articles", which was the first to stipulate that "every family can only buy a new set of commercial housing". 20 10 On September 29th, Beijing, Shanghai, Shenzhen and Guangzhou have implemented "purchase restriction orders". On September 29th, the relevant national ministries and commissions issued "Five Articles of New China", and then more cities issued purchase restriction orders. Guangzhou purchase restriction order was officially announced in June 65438+1October 65438+May. 2011/24 cities in China issued "purchase restriction orders" to restrict families who already own houses from buying new housing units. The General Office of the State Council released the new property market policy again on 26th, and the number of cities in China that implement the "purchase restriction order" will be further expanded. 201165438+1On October 25th, 24 cities across the country have issued "purchase restriction orders", including Beijing, Shanghai, Shenzhen, Guangzhou, Sanya, Haikou, Tianjin, Hangzhou, Suzhou, Wenzhou, Nanjing, Fuzhou, Xiamen and Ningbo. Among them, seven cities issued "purchase restriction orders" after 20 1 1 year. 201165438+1On October 26th, the General Office of the State Council issued the Notice on Further Improving the Regulation of the Real Estate Market. The Chinese government website published the full text of the notice on the 27th. The notice pointed out that all municipalities directly under the central government, cities with separate plans, provincial capital cities and cities with excessively high housing prices and rising too fast should strictly formulate and implement housing purchase restriction measures within a certain period of time.

Legal basis: The Notice of the State Council Municipality on Resolutely Curbing the Excessive Rise of Housing Prices in Some Cities issued by the State Council resolutely curbs the unreasonable housing demand: (1) Implementing a stricter differentiated housing credit policy. For families (including borrowers, spouses and minor children, the same below) who purchase the first self-occupied housing with a construction area of over 90 square meters in Xing Tao, the down payment ratio of the loan shall not be less than 30%; For families who borrow money to buy a second home, the down payment ratio of the loan shall not be less than 50%, and the loan interest rate shall not be less than 1. 1 times of the benchmark interest rate; For the purchase of the third and above houses with loans, the down payment ratio and loan interest rate shall be substantially increased, which shall be determined independently by commercial banks according to the principle of risk management. The People's Bank of China and the China Banking Regulatory Commission should guide and supervise commercial banks to strictly manage housing consumption loans. The Ministry of Housing and Urban-Rural Development shall, jointly with the People's Bank of China and the China Banking Regulatory Commission, promptly formulate the standards for the identification of the second set of housing. It is necessary to strictly limit all kinds of real estate speculation and speculative house purchase. In areas where the price of commodity housing is too high, rising too fast and the supply is tight, commercial banks may suspend the issuance of loans for the purchase of third and above houses according to the risk situation; Non-local residents who cannot provide local tax payment certificate or social insurance payment certificate 1 year or more will be suspended from issuing house purchase loans. The local people's government can take temporary measures to limit the number of houses within a certain period of time according to the actual situation. Overseas institutions and individuals should purchase houses in strict accordance with relevant policies. (2) Give play to the regulatory role of tax policy on housing consumption and real estate income. The Ministry of Finance and the State Administration of Taxation should speed up the study and formulation of tax policies to guide individuals' reasonable housing consumption and regulate personal property income. The tax authorities should strictly follow the provisions of the tax law and relevant policies, conscientiously do a good job in the collection and management of land value-added tax, and focus on cleaning up and inspecting real estate development projects with excessive prices and excessive growth.