| 英文摘要 |
The newly revised Equalization of Land Rights Act intensifies the crackdown on the speculation of the real estate, prohibits the resale or transfer of pre-sale houses or newly available houses, and imposes administrative fines because such transactions make arbitrage. The buyers resell the purchase agreements by increasing the prices in order to take advantage of the price difference, which may drive up the price of the house and trigger social concern about high housing prices. The Ministry of the Interior believes that the amendment to the said Act to restrict contract transfer and resale is appropriate and necessary based on the public interests of preventing speculation and maintaining market order, however, it severely restricts freedom of contract and property rights. As such, it is doubtful whether the amendment of the said Act is constitutional under the strict scrutiny of the principle of proportionality. In line with this thought, the author contends that the prohibited objects of the current provisions should be purposefully limited and interpreted in the consideration of purposiveness and constitutionality. Therefore, only those resales or transfers with the nature of arbitrage meet the purpose of control and shall be prohibited. The transactions which do not have the intention to arbitrage should not be regarded as illegal per se. Likewise, the relevant exception provisions should also be applied closely based on the legislative purpose. However, the relevant sub-regulations allowing only a few exceptional cases of involuntary transfers according to the legislative intent could infringe the protection of property rights and constitute the unnecessary restrictions on freedom of contract, which shall be further inspected. |
