Perfection Of Protection Legal System Of Commercial Apartment Consumer's Rights And Interests

With the development of real estate economy and the deepening reformation of China's real estate system, the commercial apartment consumption has become the major process of the residents'lives in the city because more and more people begin to buy the commercial house or apartment. However, the commercial house is very different to the common commodity for some reasons that not only the commercial house consumption is the most foundational living condition in people's lives, but also the price of the commercial house is sometimes higher than hundreds times of price of common commodity. Therefore, the commercial house consumption is the most basic and the most important consumption for the common people because the consumption costs more than one third incomes in their lives. However, in the process of the purchased commercial house, there exists the problem about the asymmetrical information between sellers and purchasers to lead to some legal rights of the house purchasers easier infringed than other goods consumers. In order to solve this problem, our national law committee shall make some special law to protect the right of the commercial consumers as common.Although the law system to protect the right of the commercial house consumers has been established and continued to be developed and perfected at present, there exist some faults such as the ambiguous subject, the imperfect context of the consumers'right, the imperfect law or rule to limit the asymmetrical information in trade commercial house and the defect law to protect the properties of the commercial house, etc. Even there exist much deteriorate conflict between Law of the PRC on the Protection of the Rights and Interests of Consumers and the commercial house trade law and rules.In order to protect the right of the commercial house consumers, in this paper, we give some suggestions to polish the law system to protect the right of the commercial house consumers as follows: first, clarifying the subject of the commercial house consumers in Law of the PRC on the Protection of the Rights and Interests of Consumers; second, solving the conflict between Law of the PRC on the Protection of the Rights and Interests of Consumers and the commercial house trade law and rules; third, establishing the open information system of the commercial house market ; fourth, completing the insurance system to protect the property of the commercial house engineering; finally, formulating the protective system of the commercial house trade and perfecting the registering law system of the real estate.