Study On Protection Of Commercial Housing Consumer' Rights

With the rapid economic development and the housing system reform,people'fundamental rights-housing gradually commercialization, commodity house became a new kind of consumer products, due to the particularity of commodity and trade links in the complex and professional, commodity house consumer rights protection exist great threat. Although our country has established several law and regulations to regulate the real estate market, there is a distance between legislative judicial and administrative organs and reality consumer rights protection and implementation. Operator usually use all sorts of illegal means to pursuit profit maximization, building quality unqualified, fraud, false advertising phenomenon exists everywhere, these behavors seriously violated the consumers' rights and led to a commodity market credit crisis, hampered the healthy development of real estate industry. Therefore, the commodity house consumers' right protection has the vital significance. Based on the definition of commodity house consumers connotation, analysis consumer rights and commodity house consumers rights present situation of protection. Combining the research status and academic legislation present situation, commodity house consumption process has been proofed in all aspects,concluding a contract stage, to fulfill the contract stage contract and the phase of the main problems involving consumer rights, and put forward how perfect commodity house consumers' right protection system.This paper is divided into five parts. The first part of commercial property consumer rights makes general research. Define commodity house consumers connotation, analysis of commodity house consumers specific right, for below study lays a foundation. The second part reveals the legal system of commercial property consumer rights protection status and in reality, commodity house consumers' right protection, the present situation of draw the necessity of this study. The third part is in the contract for the sale of commodity houses signing stage consumer rights protection. Due to the particularity of commodity and trade links in the complex and professional, consumer information right content need to clear the housing market access conditions need standard operators, Format clauses content, the operator's obligation to draw attention, format clauses to interpretation and so on internet-wrecking regulation, In clear the legal attribute of commercial housing sales advertisements, established under the premise of sale of commodity advertising risk prevention system. The fourth part is contract for the sale of commodity houses to perform the consumers' right protection. In the commodity quality problem, should strengthen the construction process and project completion inspection regulation, the introduction of residential quality guarantee insurance mechanism in the housing quality problems arise when the person that buy a house, timely relief brokering developers risk; Commodity house transfer possession may not produce effect of real right, commodity house is a business operator shall ensure that consumers obtain commodity house property right card timely, and to realize the building droit, Determine the commercial housing area and delivery time is safeguarding consumers' rights component parts. The fifth part is the commercial contract breach consumer right remedy. Continue to perform, remove contract, punitive compensation is in breach of commodity house business operators often used liability mode, this part of these three kinds of liability mode respectively, in order to realize operator expatiates default consumer right remedy.