Housing The Liability For Guaranteeing The Drawbacks

China now is confronted with the questions of low-quality premises and lack of relative effective relief system. Focusing on these problems and the challenge in the future and from the view the civil law’s system of defect warranty liability, this paper tries to analyse the current situation of building quality and the legal relief system of China on the basis of research of foreign theories, systems and justices, and provide some suggestion on improving and making betterment on China’s legal system of prevention and relief from premise defects.This paper is composed of three mains parts that divided into five chapters.The first part is on the relationship between premise defects and the defect warranty liability system, which discussed in chapter one. At the beginning of this chapter, the author tries to make clear of the definitions of premise quality, premise defect and defect warranty liability system. Aiming at keeping the quality of goods in sales, the defect warranty liability system of civil law has its connection with premise quality, which is the starting line of the paper. Then the author tries to research on the original image and the transition of defect warranty liability system in order to make clear of its developing route and its inner force since Roman law times. The paper also discusses the contemporary figure of the defect warranty liability system for the convenience of the following research on its application in premise defect.The second part of this paper is a comparative study between the civil law system’s defect warranty liability and the case law system’s implied warranty liability in the application of premise defect. This part includes two chapters. Chapter Two is about the research on the civil law system’s defect warranty liability and chapter Three, the case law system’s implied warranty liability. In this chapter, the author discusses Japan’s defect warranty liability system for new premise and France’s Builder’s liability in its civil code. This chapter also discusses the housing performance grade indication system and the inner defect insurance system, which is considered the helpful supplement for the defect warranty liability system in its application on the premise defect. Chapter three is about the research on the case law system’s implied warranty liability. In this chapter, the author discusses the implied terms that applied in the prevention of premise defect through cases and legislation in UK and US, especially on its history, the development, the main content, the main body, the standard of defects and the relief measures. As a distinct conclusion that the implied warranty system of case law nations are of many differences compared with its civil law counterpart.The third part of this paper is about the practical study of China’s situation in the aspect of premise quality and its improvement. This part is also divided into two chapters. In chapter four, the author mainly discusses the current situation of premise quality, the relative legal system, the relative justice practice and the defect warranty liability system in China. On the basis of the aforesaid study, the author discusses the possibility of the construction of China’s system of premise defect warranty liability. And in chapter five, also the final chapter, on the basis of legislative value objects of equitableness and fairness, the author raises her theatrical notions in the betterment of China’s legislation of premise defect warranty liability system. Furthermore, the author also makes her suggestions on the improvement of China’s housing performance grade indication system and the premise defect insurance system.In the epilogue of this paper, the author makes a conclusion of the main contents and the viewpoints, and also makes an expectation on the betterment of China’s premise defect warranty system.