Research On Perfecting The Pre-selling Commodity Apartment System

Following the rapid development of the market economy, commodity apartment sale has developed from selling completed houses to selling uncompleted houses, but in the early period, system of pre-selling commodity apartment hasn't been perfect enough, to lead many phenomena encroached on right of consumer. In order to solve these abnormal phenomena, China Central Bank issued Financial Report of Real Estate in 2004 ,in which it's recorded that cancel the existing pre-selling commodity apartment system and stop selling uncompleted houses, to sell the completed house. But according to practical experience of our country in the past 10 years, the sales of pre-selling commodity apartment actually speed up the raise of economy, and strengthen macroscopically control. Therefore, some scholars also agree with keep the pre-selling apartment system. They held the idea that pre-selling is a commercially operated model, expression of diversity sale, and the necessity of the development of the market. It is unsuitable to be cancelled by force. Among them, a famous scholar thinks cancelling the pre-selling commodity apartment system is also loss for the consumers who want to buy the pre-selling house, in a word, it becomes an urgent problem to perfect and reform the law system of pre-selling apartment. The thesis combine with Real Estate Administrative Rule, Pre-selling Commodity Apartment Administrative Rule, Law of Consumer's Rights Protection, Contract Law discuss all round about how to protect rights of consumer in dispute of pre-selling commodity apartment, and with reality expressed some personal views. The whole thesis divided to three parts—The first part expounds concept , character of pre-selling commodity apartment and contract of pre-selling commodity apartment, procedure of pre-selling commodity apartment. By analysis on basic theory and existing laws, it drawing out many problems in commodity apartment pre-selling ,such as too simplicity and some absence in existing laws ,unscientific procedure in real operation and lack of forceful practice. Thereby, it's very urgent to fulfill the existing law in the near future. The second part states the relatively lawful absence and represented characteristics in the process of pre-selling commodity apartment. Later on, it gives countermeasures to solve these problems. Real-state cases have characteristics of complex law relationship, strong policy attribution ,sharp conflict, and wide extension .It incorporate in the effectiveness of pre-selling contract register ,the pre-selling fund supervise ,superposition of pre-selling house hypothec , and application of principal of state affair changing . Because of consumers are lack of knowledge of real estate law, unequally status, enough self-protection ability in commodity apartment pre-selling ,their legal rights are easy to hurt in it . To protect consumers' rights, it must strike the bad behavior of invading buyers right in pre-selling apartment radically ,strike up for consumers' interest pressingly ,conceive perfect law system to protect them .The third part puts forward some suggestions to perfect system of commodity apartment pre-selling. I mainly probe into perfect the basic qualification, contract of commodity apartment pre-selling, and the responsibility when breaking contract. Advocating consumers to increase self-protection in the field of pre-sell commodity apartment. Above all, experience raise the problems—analysis the problems—solve the problems, cost more than thirty thousand words, build up the system that protecting the consumers in commodity apartment pre-selling.