The Study Of Deriving Commercial Housing Presales Under Legal Supervision

Real estate sale system originated from Hong Kong, which plays an important role in raising funds, invigorating the business, and has a positive meaning in developing real estate market and promoting residents'housing conditions. China's real estate sale system has been developed more than ten years, with the rapid development of social economy, in the real estate sale transactions, various problems have been emerging. For example, the pre-sale contracts are not standardized, the pre-sale capital is illegally diverted, the new house is in low quality and so on, and these phenomena seriously damaged the interests of consumers and disrupt the pre-sale market order, and also affect the development of the entire real estate market healthily and orderly.Through comparative analysis, legal analysis, empirical analysis method, this paper focuses on the commercial housing presales under legal supervision, in order to realize the aim of strengthening the real estate market supervision, protecting the interests of consumers and improving the real estate sale system.This article divided into five parts.The first part, this paper briefly describes the origin of real estate sale system and its development. Through the analysis of relevant cases, several problems of current real estate market are discovered. Based on the event of Nanning City, the current real estate sale system should be improved and faded right into the background.The second part, this paper is explained by extra-territorial perspective in the real estate system of Hong Kong, the United States, Taiwan, etc. Through the analysis and comparison of pre-sale system in lots of districts, the system of China's real estate sale should be considered deeply.The third part, from the perspective of civil law, economic law and jurisprudence, the status of the two parties of real estate sale system, the role of regulators, the use of pre-funding capital and other issues are deeply analyzed. The aim and the central part of China's commercial housing presales under legal supervision will be proposed.The fourth part, because of the flaw of the low protection of house's buyers under our legal supervision, the current gaps in relevant laws and regulations will be deeply discussed. From the custody of pre-sale funds, and based on the introduction of pre-funding regulators and contents in individual areas, financial institutions should strengthen their supervision in order to achieve the orderly commercial housing pre-selling legal system.The last part is the key part of this article, making strict pre-sale access and exit for the sellers as the starting point, the real estate's legal system should be improved; establishing a unified national pre-funding regulator and setting up a special account, to guarantee pre-fund as earmark for its specified purposes only; perfecting pre-sale information disclosure system to protect the legitimate interests of the consumers; improving the real estate market system to achieve rewards and punishments, and pulling the real estate developers for investment and the house buyers'consumption. China's real estate sale system should be improved from the above four aspects, which maximize the protection of the legitimate interests of house buyers.