Analysis Of Legal Issues About The System Of Under Construction Buildings And The State Control

There is a lot of state control in the legal system of under construction buildings, well then what is the characteristics of state control which existing in this kind of legal system? What is the basic legal theory of the state control under the commercial housing presell system? The legal system of commercial housing presell is one kind of trade law, and certainly belongs to private law category, it should display with a clear-cut stand"idea self-government", yet why there seep so great quantity state control in it? What is the legal foundation of this kind of state control? What is the aim it will seek? How about the status of the state control in our country at present? How can we improve it? The writer tries to answer these questions through this paper, in the hope of cast a brick to attract a jade.Commercial housing presell is also called"scheduled dealing", it is a legal dealing which indicates that the preseller(who is the real estate development businesses) presell the under constructions which is being built and is not completed to the subscriber, the subscriber will deliver a deposit or advanced fund, and at the certain date in the future, the presell house will be transmitted to the subscriber. It is dramatically called"China's fifth largest invention". Commercial housing presell is a special dealing, and the uniqueness lies in: the object did not exist when the contract came into existence, it would be delivered into use in the future which the contract stipulated and would transferred the property in the stipulated or legal date. Based on the uniqueness of commercial housing presell, it has its own special legal characteristics: the inequality status of the two parites; the complexity of the legal relations in the commercial housing presell; the object in commercial housing presell is prospective; legal risks in commercial housing presell.The law can reflect the actual life, through the research of comparison between the two parties'situation and the examination of the commercial housing presell market status, this paper obtains the basic theory in the state...