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Analysis Of The Legal Protection For The Rights And Interests Of The Commercial House Consumer

Posted on:2012-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q ShengFull Text:PDF
GTID:2166330332492272Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of real estate and deep reforming of the housing system, the commercial house as a special kind commodity have become increasingly important in people's lives and the rights and interests of commercial house consumer have gained more and more attention in the housing commercialization process. The depend on each other but at the same time conthadic each other.In such relationship,consumers are inevitably in an inferior condition an always subject to tremendous damage arising from operator' cheat,defraud negligence,which become more serious in so-called knowledge economic society. Therefore it is an urgent task to strength the protection for the commercial house consumer. How to handle issues properly arising from the consuming of commercial house and protect the legal rights and interests of commercial house consumer especially those in weak social position have become issues of concern for theory and practice circle.This paper has been divided into four parts besides the preface and peroration with respect to the inadequate protection of the rights and interests of the commercial house consumer. The first section analyzes the connotation and characteristics of the commercial house consumer. First, the analysis of the connotation is carried out. The property right and quality are issues of great concern when consumers buy commercial houses and therefore the connotation should be the flawlessness of the commercial house's property right and quality. Second, the characteristics of the rights and interests of the commercial house consumers are summarized by contrast to other consumer rights and interests and in combination with the characteristics of the transaction of the commercial house.The second part elaborates the phenomena when the rights and interests of the commercial house consumer are violated. There have been phenomena here and there when the consumers'rights and interests are violated and those phenomena are shown:false advertisement and promotion materials, commercial house subscription agreement, the reduction of the commercial house area, the disqualification of the quality, the hard of the house property and the resalation of the commercial house.We have established the basic legal system to protect the rights and interests of the commercial house consumer but there is still a lot work to do. So the third part will probe into the reasons why the-rights and interests of commercial house consumer are violated from the deflects in registration, disorder management of the commercial house market, public system and the urging need to build consumer protection organization.The fourth part, which is the main body of the article, will elaborate the ways to complete the rights and interests of the commercial house consumer. As various bodies are involved in the protection of the consumers'rights and interests, this part will advocate from the prospect of legislative, judicial, administrative and social protection to build an all-round, multi-level and three-dimensional protection system which will minimize the loss of commercial house consumers and promote real estate industry and even the entire national economy.
Keywords/Search Tags:Commercial Apartment Consumer, Protection of Right and Interest, Perfection
PDF Full Text Request
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