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Perfection Of The Commercial Housing Consumers' Rights And Interests Protection

Posted on:2009-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:H X WangFull Text:PDF
GTID:2166360248452461Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the developing of socialist economy and the deepening of housing system reform commercial building market mainly for residence is progressing constantly, which plays a vital role in pushing the economy growth and increasing people's living standard. Meanwhile, as a special commodity, the function of commercial housing is becoming more and more outstanding in daily life consumption. As a matter of fact, consumers legal rights and interests are often infringed when they purchase houses. Disqualification , size measurement non-consistency, sham advertisement, factual information withholding, house property certificate ,etc, are the five most typical problems. However, legislation lag in protection of consumer's rights and interests makes the most victims fail to get corresponding law remedies and fully effective protection. In this case, both consumer's survival interests and healthy development of real estate industry are affected.Aiming at discussing the above mentioned infringement issues, the thesis are divided into three sections apart from the introduction and the conclusion. The first section briefly discusses housing consumer's rights and interests, defines the meaning of housing consumer's rights and interests, and analyzes whether commercial housing is shopping and whether disputes can be adjusted by Consumers Rights and Interests Protection Law. Based on this, the concrete rights and interests that the consumers should possess is presented.In the second section, through observing those typical cases in which the consumers' rights are violated in commercial housing buying, the author finds out that the main reason that leads to the consumers' interests damage is due to the law making defects, the inferior position of consumers in market economy pattern, and ineffective management of commercial housing market.In the third section, the author gives relevant perfecting measures in the light of the causes. And the main concerns are as following, the first is to improve the law-making, the second is to perfect the laws and restrictions in commercial housing market management, to implement the market access system to limit the developers, to apply the project quality and insurance system, to pre-check developer information disclosure system, to enforce the advance noticing registration system .The third is the applicable scope of punitive indemnity system. Punitive indemnity system is briefly introduced when it is applied in law making. The restrictions and rules of the 49 item in Consumer's Rights and Interests Law are fit for the fraud behavior in commercial housing dealing, which can strengthen the protection of consumers' rights and interests.
Keywords/Search Tags:commercial housing, housing consumer, rights and interests, protection, perfection
PDF Full Text Request
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